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All Journal Jurnal Multidisiplin West Science
Padmawardhani Rakeswari, Ni Made
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Economics, Econometrics & Finance

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Comparative Legal Analysis of the Right to Equal Education for Girls: Indonesia vs. Australia (Statutory and Framework Specificity) Santi Diwyarthi, Ni Desak Made; Padmawardhani Rakeswari, Ni Made
Jurnal Multidisiplin West Science Vol 5 No 01 (2026): Jurnal Multidisiplin West Science
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/jmws.v4i12.3221

Abstract

This article comparatively examines the legal protection of the right to education for women in Indonesia and Australia, focusing on how constitutional ideals are translated into enforceable anti-discrimination measures. While Indonesia’s 1945 Constitution and related statutes formally guarantee the right to education and prohibit discrimination, they largely rely on a general, formal-equality approach that lacks explicit definitions and remedies for gender-based and indirect discrimination. As a result, systemic and institutional barriers faced by girls often remain legally unaddressed. In contrast, Australia’s Sex Discrimination Act 1984 adopts a lex specialis framework that explicitly prohibits both direct and indirect discrimination in education, particularly through Sections 5 and 21, supported by accessible enforcement mechanisms at federal and state levels. This comparative analysis demonstrates a shift from general rights to specific remedies in the Australian system, enabling substantive equality in educational access and experience. The study argues that Indonesia would benefit from targeted anti-discrimination legislation to move beyond formal guarantees toward effective protection and enforcement of gender equality in education.
Co-Authors Santi Diwyarthi, Ni Desak Made