AT-TAFAHUM: Journal of Islamic Law
Vol 6, No 2 (2022)

Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia

Suwandi, Suwandi (National Sun Yat-sen University)
Quraeny, Ghina Angelina (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Sep 2022

Abstract

This study examines women's rights as part of human rights within the Indonesian legal system. Although Indonesian law provides protection for women, its implementation still faces numerous obstacles. The study finds that the existing human rights system tends to be masculine and patriarchal, often ignoring issues of violence and discrimination within the domestic sphere. The persistent patriarchal culture in Indonesia is a major obstacle hindering the achievement of gender equality. It analyzes the various obstacles women face in participating in public life, particularly in politics and government, including direct, fundamental, and structural barriers. This study uses normative legal methods by analyzing various national and international legal instruments, academic literature, and related secondary data. The results indicate that improvements in legal implementation, changes in patriarchal culture, women's empowerment, and institutional reform are needed to truly achieve gender equality. This article also provides a comprehensive understanding of the complexity of women's rights issues and offers strategic recommendations for improving the system as a whole.

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