Marriage Contract in Gender Perspective

Nindita Fajria Utami and Siti Sarah Masripah

Sociology Education , Postgraduate School, Universitas Pendidikan Indonesia, Jl. Dr. Setiabudi 229, Bandung, Indonesia

ninditafajria@student.upi.edu

Keywords: Middle East Tourist, Contract Marriage, Gender.

Abstract: The phenomenon of contract marriage that occurred in Puncak Bogor is a marriage between tourists from the

Middle East with local women within a certain time already written in the contract. This study aims to

determine the contract marriage from a gender perspective. This research uses qualitative approach and

descriptive study, with data collection technique that are interview, observation and documentation. Based on

the results of research on married offenders contract that the perpetrator considers marriage contracts just like

ordinary prostitution just do the contract first before doing the biological relationship. And the married

contractor considers that his marriage is illegitimate and the fulfillment of his rights and obligations is limited

to biological and economic fulfillment.

1 INTRODUCTION

Humans as social beings cannot live alone but always

need other individuals. Every individual will grow

into adulthood and need a companion in his life. How

to meet those needs by way of marriage or marriage

legally according to religion and country.

As the era and the number of prostitution

problems that exist in Indonesia today, there is a

phenomenon that involves a sacred thing that is a

marriage that becomes an object of fulfillment of

biological and economic needs (Safra, 2010). This

contract marriage phenomenon occurs in some parts

of Indonesia, there are some areas that are quite

famous for its contract marriage, one of them in the

Puncak of Bogor.

The marriage phenomenon of this contract is born

from the act of prostitution in disguise. The meaning

of the contract marriage to legalize adultery

(Haryono, 2011). Marriage contract in Islam is called

mut'ah marriage. Marriage mut'ah is not allowed

because there is a limitation that should be in Religion

should not be. Marriage of its own contract in Islam

in particular, becomes an unlawful thing because the

marriage is only based on the symbiosis of mutualism

between the biological needs of male actors and the

economic needs of female actors.

In fact, marriage contract has become the object

of business involving many parties. In sociology

studies known as "dramaturgy", that contract

marriage is full of engineering to convince the man

from the Middle East who will hold a marriage

contract (haryono 2011). Basically male tourists from

the middle east who vacation in the Puncak area want

to be accompanied by the opposite sex but in order to

avoid adultery then men from the middle east want to

do marriage contract. Because of this, there is a

marriage contract process involving the headman,

witness, dowry, guardian and so on in accordance

with the legal requirements of marriage, but all the

elements are paid people so that in the design in such

a way. In a capitalist society the consumer marriage

contract consumer is interpreted as something

commodity traded. In this case that sex and women

become promising trade commodities. It is

undeniable that the presence of middle eastern

tourists has stimulated the economic wheel in the

peak area is marked by the number of facilities that

support tourists to vacation in the Puncak (lestari and

Dharmawan, 2011). Although the presence of middle

eastern tourists has made the wheels of the economy

exposed, but the marriage contracts leave an impact

to female actors. Female offenders are often labeled

negatively by the surrounding community and if the

woman is pregnant her child will not be recognized

by her father. So there is injustice to women by

marginalization or economic pecking process.

In reality women are still controlled by economic

conditions as if helpless when women do not have

economic power. This is due to the low education that

is owned by women. When women possess the power

to resist and have power in terms of education and

Utami, N. and Masripah, S.

Marriage Contract in Gender Perspective.

In Proceedings of the 2nd International Conference on Sociology Education (ICSE 2017) - Volume 2, pages 16-19

ISBN: 978-989-758-316-2

economy, cases involving marriage contracts that

harm women will not happen again. Contract

marriage positions women inferior to men or under

male authority and control. Weak position of women

is a consequence of the values through the process of

socialization and reproduction in various forms in

society and country (Tektona, 2011).

2 LITERATUR REVIEW

In this study the author presents several other studies

that have been done by previous researchers on

contract marriage. The first study (Afifi, 2014)

answer the question how juridical law in contract

marriage. The contract marriage that occurred in the

peak area is considered to deviate from the principles

that serve as the guideline for the implementation of

marriage in Law No. 1 of 1974. In the contents of this

law it is stated that a marriage is lawful if done

according to the laws of each his religion and the

purpose of marriage is to form a happy and

complementary family so that each can develop his

personality in order to achieve his happiness. In the

marriage contract the female actor admits that

marriage is sacred but to meet his economic needs he

is willing to contract marriage for profit. The contract

marriage woman considers that the marriage contract

is invalid because it is full of engineering and does

not exercise her rights and obligations as a wife. In

addition, when the contract is completed then the

offender can do it with another man.

The second study (Shafra, 2010) examine the

contract marriage according to Islamic law and reality

in Indonesia. Marriage contract rampant occurred in

the Puncak areas that took place in July, August, and

September but did not rule out in other months’

contract marriage. Perpetrators marriage contracts are

usually tourists who come from the middle east.

Tourists from the Middle East are visiting Indonesia

for just a vacation, but there are also some tourists

who come just want to marry a local woman even if

only temporary. Tourists from the middle east do

marriage just seek pleasure to have sex legally.

Perpetrators of women who do marriage contract not

only the original citizens of Cisarua Bogor but from

other areas such as Cianjur, Sukabumi, and

Indramayu.

The third study (Tektona, 2011) undertook

research on the protection of women's law against

children of mixed marriage in Indonesia. In his

journal expressed about women in the feminist legal

theory perspective. Women are already imprisoned in

the ideology of male preference as if it were normal

and unchangeable. As long as women are still trapped

in that, then marginalization and gender

discrimination will continue to be preserved (Arief

1996). Through feminist legal theory, there is

criticism against the dominance and hegemony of the

patriarchal world view in law which results in

marginalization and oppression of women.

The fourth study (Haryono, 2012) answers

research questions about the impact of women

contract marriage. The impact for women contract

marriage is physical (physiological) impact, such as

men / husbands' awards are merely physical. Because

inside the marriage contract does not fulfill the inner

need just to satisfy outwardly. In addition, the

psychological impact is mainly felt by the marriage

contractors who became widows and have children

but have no husbands. So to bear the shame, lamented

the fate and let the father go home when the contract

is over. The sociological impact for women contract

marriage actors in label is negative by the

surrounding community.

3 METHODS

This research was conducted by using qualitative

approach with descriptive study method. This

approach is used to describe contract marriage

phenomena in a gender perspective. This research is

done in the peak of Bogor, especially in the village of

Tugu Utara. Informants in this study amounted to 13

people belonging to the principal informant of

contract marriage actors consisted of two prostitutes

and two middle east men and nine others as

supporting informants i.e. community consisting of

community leaders, village apparatus, ordinary

people, chairman mass organizations and the head of

RT (Neighborhood)/RW (Hamlet). Data collection

techniques used by researchers include in-depth

interviews, participatory observation, and

documentation studies. Test data validity is done by

triangulation and member check based on data

source. Data analysis techniques using data reduction,

display data and conclusion drawing verification.

4 RESULTS AND DISCUSSION

4.1 Results

In this section, the results of research on contract

marriage in a gender perspective are discussed about

the views of contract marriage perpetrators on a

Marriage Contract in Gender Perspective

marriage, the driving force of the perpetrator to

contract marriage and the consequence of the

marriage contract on the fulfillment of the marriage

obligations within the marriage contract. The view of

contract marriage actors against marriage

Based on research states that the views of women

marriage contract marriage actors that they consider

marriage something sacred and holy, bringing

together two people who like each other and make

something that has not legal become lawful. The

purpose of a marriage to have offspring and

avoidance of the treatment of adultery. The female

perpetrators of contract marriage know the legitimate

requirements of a marriage that must be the

prospective groom and woman, the headman,

guardian, witness, and of course his dowry. However,

the marriage contract process of all the perpetrators is

engineered so that the female marriage contractor acts

that the marriage is not valid. The contract marriage

cannot be equated with the real marriage and married

contract women do not feel to be a wife after marriage

contract. In contrast to the male view of the

perpetrators of marriage contracts on the same basis

that they regard the marriage of an obligation in

Islam, agreement through the marriage contract, meet

the needs of one another, and continue the offspring.

What distinguishes this is the view of the contract

marriage, the male contract marriage actors assume

that there is no such thing as a marriage contract they

assume that it is equally valid as marriage in general

because it already qualifies legitimate marriage.

4.1.1 The Driving Force of Contract

Marriage

The occurrence of contract marriage in the Puncak

area, especially in Arab village begins with the

existence of factors that encourage the perpetrators so

they are involved in the contract marriage. Factors

consist of internal factors and external factors.

Factors that encourage women to contract

marriage because of the low level of education so as

not to have special skills and cannot work so that the

lack of income to meet daily life. External factor is

low economic level so it must be the backbone of the

family, before contracting marriage this woman has

sex outside marriage, and environmental factors

affecting women marriage contract perpetrator to

repeat the action. While the factors that encourage

men to contract marriage is to think that contract

marriage something kosher and most important to

comply biological needs. In addition, the

geographical conditions of the peak of the cold so that

makes comfortable travellers from the middle east for

a vacation and the presence of facilities to facilitate

middle eastern tourists to contract marriage.

The consequences of contract marriage against the

fulfillment of the obligations of the husband and wife

in the contract marriage

In every marriage there must be consequences to

be acquired by both husband and wife, in the presence

of a new status automatically they will also have new

obligations previously unusual. Unlike the real

marriage, marriage done by contract marriage has no

special rules governing the obligation of husband and

wife. Returning again to the original purpose of the

marriage contract to channel the male sexual appetite

(perpetrator) and the main task for women from

contract marriage is to serve the sexual needs of men.

In this study obtained the results of the rights and

obligations of marriage contractors both women and

men. The husband has the right to receive sexual

services until satisfied from the contract marriage

partner and has the right to ask his wife (marriage

contract) to accompany his holidays and obligations

such as paying (marriage) to his contract marriage

partner in accordance with the agreement and treat his

partner well without violence. The right as a wife is

to receive a sum of money from the agreed marriage

contract and receive good treatment and the right to

be angry if her couple of marriage contract violent

conduct. Obligations to be done by a wife that is

serving the sex needs her partner anytime until her

partner satisfied, also accompany and entertain her

husband of marriage contract.

There are things that should not be done by the

perpetrators of contract marriage is that if the woman

contains to have children, male offender is not

obliged to provide for a living. While the wife does

not need to perform other obligations such as

cooking, washing, and doing household chores.

4.2 Discussion

Viewed from a gender perspective that the marriage

contract has much to the detriment of the

unempowered women. Stereotypes against women

are casually deceiving women. Men generally show

more power than women in a marriage relationship.

One way to express such a force is through a role in a

cruel marriage, where the person is usually stronger

while the woman is a less powerful and often abused

person (Gerber, 1991).

The results of this study indicate that no party is

harmed. Perpetrators both benefit from this marriage

contract. In the rights and obligations of husband and

wife in the marriage contract is limited to channelling

ICSE 2017 - 2nd International Conference on Sociology Education

biological desires and the women get material

benefits.

Factors that encourage why women are still

controlled by economic conditions because of the

inability of women to compete in the world of work,

the low level of education of women that causes

women cannot work. But she needs income to support

her costs so she chooses to contract marriage. This

condition is still clearly visible, especially in the West

Java community, especially the traditional society

who see women should stay at home. The public view

that women do not have to be highly educated is

constrained to economic growth (Klase and Lumanna

2009) whereas if women have a high education there

will be no gender inequality, especially for women.

In developed countries, for example in East Asia,

the state has a role to involve women that women

should be educated and have equal employment

opportunities that will affect economic growth in the

country (Klase, dan Lumanna 2009). In contrast to

Indonesia, especially in the Puncak area is still a lot

of women who are controlled by the economy so that

women should be resigned to accept the situation.

Apart from economic factors, that the husband's

duty should be responsible in his household, but this

marriage contract has been arranged in accordance

with the contract agreed by both parties. If there is a

problem that is outside the contract, then the men will

not be responsible. In the results of this study there is

a case that the woman was pregnant and gave birth to

a child. The child who was born by the woman was

not supported by her father because in the contract

agreement there is no obligation of men from the

Middle East to support the child. Women who bear

their children alone must bear a very heavy burden

such as the judgment of society by judging naughty

women. The woman also has a heavier burden that is

to work to earn a living because as the backbone of

his family and role as mother and father to his son.

5 CONCLUSIONS

According to the perpetrators that marriage is a sacred

thing, but in contract marriage is an unlawful

marriage according to religion, and the law in

Indonesia because this marriage only meets the

biological needs only. The woman who is the contract

marriage actor only accepts payment in accordance

with the agreed contract. In a gender perspective that

women are still controlled by economic conditions to

contract this marriage. Because of the limitations and

lack of expertise possessed by women make this

woman become the perpetrator of the marriage

contract. Women must be highly educated in order to

help the wheels of the economy in the family.

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Marriage Contract in Gender Perspective