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All Journal Jurnal Hukum Progresif HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Wulansari, Fadillah
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Law, Crime, Criminology & Criminal Justice

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DEMOKRASI SEBAGAI LANDASAN PEMBENTUKAN UNDANG-UNDANG DALAM PEMBAHARUAN HUKUM NASIONAL DI INDONESIA Wulansari, Fadillah
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1704

Abstract

The study aims to analyse the role of democracy as a base for the establishment of laws in the national legal reform in Indonesia. Democracy as a base principle of the rule of law guarantees the involvement of the people in the legislative process which produces laws that reflect the aspirations and needs of the community. The research method used is normative legal research with a legislative, conceptual, and historical approach. The data obtained from laws and regulations, legal literature, and expert opinions which are analysed descriptively-annalistically. The results of the study indicate that the application of democratic principles in the formation of laws which the main key to realizing laws that responsive and adaptive to social and political changes in Indonesia. Therefore, national legal reform must prioritize democratic principles that the legislative process is transparent, participatory, and accountable.
TOWARD AN INCLUSIVE PAPUA: HARMONIZATION OF INDIGENOUS LEGAL VALUES AND GENDER EQUILITY PRINCIPLES IN WOMEN’S EMPOWERMENT Suherman, Heru Andryana; Wulansari, Fadillah; Heryanto, Bambang; Lubis, Hera Fauziah
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.122-166

Abstract

Papua, a region rich in cultural heritage and indigenous legal systems, faces persistent challenges in achieving gender equality and empowering women. Despite their significant contributions to socio-economic life, particularly in agriculture, natural resource management, and local trade, Papuan women remain marginalized within customary decision-making structures and formal political institutions. This study explores the intersection of indigenous legal values and gender equality principles in Papua, focusing on the need for legal harmonization to promote women’s empowerment. Gender inequality in Papua is rooted in entrenched patriarchal values that place women in subordinate roles, limiting their access to education, economic resources, and decision-making opportunities. Legal pluralism, where customary law coexists with national laws, often reflects conflicting norms that hinder women’s rights and participation. The research advocates for a dialogical, participatory approach to legal reform, where customary values are interpreted in ways that support gender equality, without undermining local wisdom. Empowerment strategies, including legal education, economic development programs, and policy reforms, are essential to ensure that Papuan women can actively participate in societal transformation. The study emphasizes the importance of inclusive policy-making, gender-sensitive legal frameworks, and community involvement in achieving sustainable development and social justice. By integrating gender equality principles into Papua’s legal systems, both customary and state law, the region can move towards a more inclusive and just society. Women’s empowerment is not only crucial for gender justice but also serves as a key driver of economic growth and sustainable development. This study ultimately calls for a comprehensive approach to harmonizing indigenous legal systems with national principles of gender equality, ensuring that Papuan women are not only recognized for their contributions but also given the opportunity to shape their futures.
Co-Authors Bambang Heryanto Lubis, Hera Fauziah Suherman, Heru Andryana