Hukum Keluarga Berbasis HAM di Indonesia: Analisis Harmonisasi CEDAW, CRC, dan Implementasinya

Abstract

This study examines the paradigm of family law from a human rights (HR) perspective, focusing on provisions in international instruments such as the UDHR, CEDAW, and CRC, as well as the processes of harmonization and internalization into Indonesia's national legal system. Normatively, the family is recognized as a fundamental unit of society that is a subject of state protection, with the principles of equality, non-discrimination, and the best interests of the child serving as primary standards. Indonesia has ratified CEDAW and the CRC and carried out various legislative reforms, including strengthening constitutional guarantees in the 1945 Constitution, the enactment of the Human Rights Law, revisions to the minimum age for marriage, and the adoption of the Law on Domestic Violence Victims and the Law on Sexual Violence as manifestations of commitment to international standards. This study uses a normative juridical approach with statutory, comparative, and conceptual methods, and analyzes secondary data qualitatively through interpretation and evaluation of norms. The findings indicate that although regulatory harmonization between international and national law has occurred, implementation in practice still faces challenges such as high numbers of marriage dispensations, domestic violence, legal-cultural obstacles, limited capacity of law enforcement officials, and suboptimal access to justice. Thus, the implementation of human rights norms in Indonesia’s family law remains in a transitional phase, requiring strengthening of legal structures, transformation of legal culture, and sustained institutional commitment so that human rights principles are realized substantively within family life.