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

Authors :
Agustin Widjiastuti
Nafis Dwi Kartiko
Source :
Fiat Justisia, Vol 18, Iss 3, Pp 267-286 (2024)
Publication Year :
2024
Publisher :
University of Lampung, 2024.

Abstract

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.

Details

Language :
Indonesian
ISSN :
19785186 and 24776238
Volume :
18
Issue :
3
Database :
Directory of Open Access Journals
Journal :
Fiat Justisia
Publication Type :
Academic Journal
Accession number :
edsdoj.64ce1407c9ca4d9b8ba134838d3d9be5
Document Type :
article
Full Text :
https://doi.org/10.25041/fiatjustisia.v18no3.3556