FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 13 No 4 (2019)

Feminist Perspective towards the Legal Theory on Fisher-Women’s Legal Entity

Rima Vien permata Hartanto (Universitas Sebelas Maret (UNS) Surakarta)
Adi Sulistiyono (Doctoral Program (S3) in Legal Studies Sebelas Maret University)
Isharyanto Isharyanto (Doctoral Program (S3) in Legal Studies Sebelas Maret University)



Article Info

Publish Date
15 Nov 2019

Abstract

This research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a feminist perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests.

Copyrights © 2019






Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...