Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections

This research aims to develop a legal framework that enhances the regulation of women's representation in politics and elections in Indonesia, employing a normative-dogmatic juridical method. The study assesses relevant legal principles and regulations, including the 1945 Constitution and the E...

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Main Authors: Agustin Widjiastuti, Nafis Dwi Kartiko
Format: Article
Language:Indonesian
Published: University of Lampung 2024-11-01
Series:Fiat Justisia
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3556
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author Agustin Widjiastuti
Nafis Dwi Kartiko
author_facet Agustin Widjiastuti
Nafis Dwi Kartiko
author_sort Agustin Widjiastuti
collection DOAJ
description This research aims to develop a legal framework that enhances the regulation of women's representation in politics and elections in Indonesia, employing a normative-dogmatic juridical method. The study assesses relevant legal principles and regulations, including the 1945 Constitution and the Election Law, through both statutory and conceptual approaches. The findings indicate that certain provisions, particularly Article 8, paragraph (2) of PKPU Number 10 of 2023, may diminish women's representation below the established minimum threshold, which contradicts constitutional mandates and superior legal frameworks. These results underscore the critical need for reforming electoral regulations to align with principles of gender equality and justice. The theoretical implications of this research contribute to a deeper understanding of how legal structures impact women's political participation, while the practical implications highlight the urgent necessity for revising electoral policies to effectively enhance women's representation. Furthermore, this study paves the way for future research to comparatively analyze the effectiveness of different electoral regulation models in promoting women's representation across diverse political contexts.
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institution Kabale University
issn 1978-5186
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language Indonesian
publishDate 2024-11-01
publisher University of Lampung
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spelling doaj-art-64ce1407c9ca4d9b8ba134838d3d9be52025-02-11T08:39:56ZindUniversity of LampungFiat Justisia1978-51862477-62382024-11-0118326728610.25041/fiatjustisia.v18no3.35562286Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian ElectionsAgustin Widjiastuti0Nafis Dwi Kartiko1Universitas Pelita Harapan SurabayaUniversitas Pelita Harapan SurabayaThis research aims to develop a legal framework that enhances the regulation of women's representation in politics and elections in Indonesia, employing a normative-dogmatic juridical method. The study assesses relevant legal principles and regulations, including the 1945 Constitution and the Election Law, through both statutory and conceptual approaches. The findings indicate that certain provisions, particularly Article 8, paragraph (2) of PKPU Number 10 of 2023, may diminish women's representation below the established minimum threshold, which contradicts constitutional mandates and superior legal frameworks. These results underscore the critical need for reforming electoral regulations to align with principles of gender equality and justice. The theoretical implications of this research contribute to a deeper understanding of how legal structures impact women's political participation, while the practical implications highlight the urgent necessity for revising electoral policies to effectively enhance women's representation. Furthermore, this study paves the way for future research to comparatively analyze the effectiveness of different electoral regulation models in promoting women's representation across diverse political contexts.https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3556women's representationelectionswomen's rightsdemocracy
spellingShingle Agustin Widjiastuti
Nafis Dwi Kartiko
Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
Fiat Justisia
women's representation
elections
women's rights
democracy
title Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
title_full Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
title_fullStr Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
title_full_unstemmed Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
title_short Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
title_sort legal framework for minimizing electoral barriers to women s representation in indonesian elections
topic women's representation
elections
women's rights
democracy
url https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3556
work_keys_str_mv AT agustinwidjiastuti legalframeworkforminimizingelectoralbarrierstowomensrepresentationinindonesianelections
AT nafisdwikartiko legalframeworkforminimizingelectoralbarrierstowomensrepresentationinindonesianelections