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International Journal of
Law
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VOL. 9, ISSUE 4 (2023)
Representation of women in the legislative institutions from the perspective of justice
Authors
Lucky Arie Syahrizal, Faisal, M Nur
Abstract

Discussion: The principle of equality before the law in the Indonesian legal system necessitates equal fulfillment of rights for both men and women, including the fulfillment of women's representation in legislative institutions. Currently, the fulfillment of women's representation as stipulated in Law Number 12 of 2003 is determined by considering the participation of women at a rate of 30%. However, this provision continues to present practical challenges. On one hand, the 30% quota has not been met as it consistently remains below 30%. On the other hand, the percentage of the 30% quota for women's representation established in the provision of Law Number 12 of 2003 has not been sufficient to realize gender equality in politics. Therefore, the purpose of this research is to assess the compatibility of the provision on women's representation in legislative institutions with the principle of the rule of law, and to analyze the legal protection relevance within the provision from the perspectives of legal justice and human rights.

Research Method: This research is of a juridical-normative nature, employing three approaches: the conceptual approach, the historical approach, and the statute approach. The analysis of this research is prescriptive in nature.

Conclusion: The research findings indicate that the provision regarding women's representation in legislative institutions in Indonesia is not in line with the concept of the rule of law. Various ideas about the concept of the rule of law, such as Islamic nomocracy, rechtstaat, and the Pancasila rule of law concept in Indonesia generally emphasize equality without differentiation under the law. The 30% quota for women's representation does not currently reflect the principle of equality as envisioned in the concept of the rule of law. From the perspective of legal justice, the 30% quota for women's representation is essentially a form of affirmative action aimed at providing equal opportunities in the political sphere. However, this quota does not fully embody the principle of representative participation of women and does not completely adhere to the principle of equality before the law. As a result, this provision falls short of meeting the principle of legal justice. The legal protection provision of the 30% quota, as regulated in Indonesian legislation, is also irrelevant and not in line with the concept of human rights. This quota provision actually differentiates between women and men, thereby constituting discrimination against equality and parity under the law.
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Pages:162-167
How to cite this article:
Lucky Arie Syahrizal, Faisal, M Nur "Representation of women in the legislative institutions from the perspective of justice". International Journal of Law, Vol 9, Issue 4, 2023, Pages 162-167
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