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All Journal Education and Counseling Journal Priviet Social Sciences Journal
Rizkina Mewahni
Universitas Nusa Cendana
Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS SYARAT PENCALONAN KEPALA DESA DALAM PENYELENGGARAAN PEMERINTAHAN DESA (KAJIAN PASAL 33 HURUF D UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA) Iber dedy Kornel Tanesib; Lelly Muridi Zham-Zham; Rizkina Mewahni
Consilium: Education and Counseling Journal Vol 6 No 1 (2026): Edisi Maret
Publisher : Biro 3 Kemahasiswaan dan Kerjasama Universitas Abduracman Saleh Situbondo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36841/consilium.v6i1.7402

Abstract

Village government is at the forefront of public service delivery and community affairs consolidation in Indonesia, encompassing both formal and informal aspects such as customs and traditional rights. In a decentralized system, villages have genuine autonomy as self-governing communities authorized to manage their own affairs. However, the enactment of Law Number 6 of 2014 concerning Villages (Village Law) brought significant changes, particularly in the village head election system (pilkades), including the determination of candidacy requirements. This paper analyzes the legal requirements for village head candidacy, focusing on Article 33 letter d of the Village Law concerning the minimum educational qualification of Junior High School (SMP) or equivalent. This research is a literature study that also examines the implications of this provision for future village governance, considering the complexity of the village head's duties that require in-depth understanding in various fields. Using a case study method, this research aims to evaluate whether the minimum educational requirements stipulated in Article 33 letter d of the Village Law are relevant and adequate to ensure the quality of village leadership that is effective and responsive to community dynamics and development demands.
Interpretation of gender-responsive law in realizing substantive justice for women: A feminist legal theory study of law enforcement in Indonesia Erlin Faridha; Ni Putu Tya Suindrayani; Rizkina Mewahni
Priviet Social Sciences Journal Vol. 6 No. 5 (2026): May 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i5.1640

Abstract

Discrimination against women as a vulnerable group is still a structural problem in the Indonesian legal system. Although Article 27 paragraph (1) and Article 28B paragraph (2) of the 1945 Constitution, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Law, the Civil Rights Act, and the Crime of Sexual Violence or Tindak Pidana Kekerasan Seksual (TPKS) Law have been designed in a normatively neutral and gender-responsive manner, substantive protection for women has not been optimally realized in law enforcement practices. This gap is evident in the dominance of formalistic interpretations that apply the law textually without considering the power relations and structural vulnerability of women as victims. This is reflected in the case of Baiq Nuril Maknun who was convicted while defending himself from sexual harassment, as well as various cases of victimization of victims of sexual violence in the evidentiary process in court. This study aims to analyze how gender-responsive legal interpretations can build norms that strengthen women's rights in the Indonesian legal system. The research uses normative legal methods with legislative and conceptual approaches. The analysis was carried out using Feminist Legal Theory, especially liberal feminism and cultural feminism, to examine systemic biases in the application of norms that appear to be textually neutral. The results of the study show that the formalistic approach has not been able to bring substantive justice. Alternatively, gender-responsive legal interpretation offers the principles of substantive equality, contextual reasoning, and anti-subordination to strengthen the protection of women's rights in law enforcement practices in Indonesia.
Co-Authors Faridha, Erlin Iber dedy Kornel Tanesib Lelly Muridi Zham-Zham Ni Putu Tya Suindrayani