Diponegoro Law Review
Vol 7, No 2 (2022): Diponegoro Law Review October 2022

THE CONSTITUTIONAL INTERPRETATION OF WOMEN'S POLITICAL RIGHTS

Tanto Lailam (University of Cologne)
Nita Andrianti (Goethe University Frankfurt Am Main)



Article Info

Publish Date
27 Oct 2022

Abstract

The research focuses on the gender equality and justice interpretation of women's political rights in the Constitutional Court decisions. The problem is how does the interpretation of the constitution protect and fulfill women's political rights?. The research method is legal doctrinal, focusing on constitutional interpretation with several approaches, including the statutory, analytical, and case approaches. The result of the research shows that the function of the Court as a protector of women's political rights is a consequence of the existence of human rights in theĀ  1945 Constitution. Its guarantees the constitutional review authority to protect human rights. Based on several decisions of the Court: affirmative action case, leadership positions in the house of representatives case, the women position of governor and vice governor's appointment in a Special Region of Yogyakarta. These decisions, which are above cases, are a form of protection and fulfillment of women's political rights in realizing gender equality and justice. Of course, it is motivated by the fact that women's representation must be present in every political decision-making in the national and local governance.

Copyrights © 2022






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...