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| Feminist Legal Theory and Women's Position in Politics |
History of Feminist Legal Theory
Then,
in the mid-1980s in the United States, feminist legal theory or feminist
jurisprudence became one of the major movements in the country. This theory
emerged as a critique of the paradigm of Critical Legal Studies and aimed to
challenge the assumptions behind orthodox (conventional) legal paradigms and
the directions of critical legal research. Feminist legal theory addresses
discrimination and injustice within the legal system towards women. Women are
considered as a subordinate position among men, resulting in their position
being entrenched in inequality.
Initially, advocates for women's legal rights avoided the term
"feminist." Instead, they described the emerging ideology and its
supporters with terms like "strong-minded," "true woman,"
or simply "woman's rights." These early progressives sought to
redefine the societal roles and legal standing of women.
The
early 19th century marked a crucial time for the feminist movement, as women
started to gain recognition in politics. They were allowed to vote and engage
in parliamentary activities. The movement gained momentum with the rise of the
critical legal studies school. During this period, Sigmund Freud proposed that
the essential traits of men and women are fixed, but emphasized the need to
give women a meaningful role in social interactions. Likewise, Simone de
Beauvoir urged women to move beyond societal constraints and fully embrace
their identity as "the other”.
Then,
the women's suffrage movement propelled feminist legal theory forward through
political activism in the early 20th century. Once women secured the right to
vote, progressive feminism broadened its theoretical scope to encompass issues
such as global peace, participation in the workforce, sexual rights, and birth
control.
Women’s
Political Participation in Indonesia
The struggle of women to obtain
basic rights is a global phenomenon in various countries, including
Indonesia. The feminist movement began
to take root in Indonesia during the colonial period. One of its early pioneers
was RA Kartini, who lived from 1876 to 1904. Her struggle began with her
personal experience of being denied the same educational opportunities as her
male siblings. While her brothers were sent to Leiden University in the
Netherlands, Kartini was restricted by her parents. She also felt deeply
humiliated by the practice of polygamy. Determined to make a change, Kartini
initiated the establishment of schools dedicated to educating women. Following
her, another prominent feminist figure, Dewi Sartika emerged in West Java by
founding a school for women in Bandung in 1904,
and Maria Walanda Maramis was the founder of the first home school in
Manado in 1918.
Inspired by the efforts of RA
Kartini, Dewi Sartika, and Maria Walanda Maramis, various movements to advocate
for women's rights, including the right to participate in the political sphere,
have been carried out by Indonesian women. Women's involvement in politics has
become a crucial part of the women's movement to achieve gender equality
between women and men. This makes women's political participation an important
topic in the development of modern politics, especially due to the importance
of equal representation in an inclusive democratic system. Historically, women
have played significant roles in informal politics through political
mobilization. They have actively participated in political demonstrations, mass
agitation, and activities of nationalist and political organizations.
With the development of legal
frameworks in Indonesia, women's rights to participate in politics have been
guaranteed through the implementation of gender quotas and representation
rights in candidacies. These measures
are stipulated in human rights related to political rights.
According to the Universal
Declaration of Human Rights, political rights are fundamental human rights that
can be categorized into civil rights and political rights. Political rights
include the rights an individual holds as a member of a political entity, such
as the right to vote, the right to be elected, the right to run for political
office, the right to hold public office, and the right to participate in
decision-making processes related to the state or government.
Referring to the concept of
political rights in the Universal Declaration of Human Rights, it can be
interpreted that women's political rights constitute a set of recognized and
protected rights related to their participation in the political sphere. These
include:
1) Women
have the right to vote in general elections and to run for public office on
equal terms with men.
2) Women
have the right to be involved in the formulation and implementation of
government policies and to hold public office at all levels of government.
3) Women
have the freedom to express their opinions and participate in political
decision-making processes.
4) Women
have the right to participate in both governmental and non-governmental
organizations related to the political life of the country.
5) Women
have the right to represent the government at the international level and to
participate in international organizations.
In addition to the principles
outlined in the Universal Declaration of Human Rights, there are ample
opportunities for women to engage in politics. Their involvement is essential,
as it enables them to safeguard and champion their political rights. Women have
a unique perspective on the challenges their gender encounters, making it vital
to strengthen their role in addressing various issues, especially those about
women's political rights.
The success of women in attaining
positions in parliament is the result of persistent and ongoing struggles
against the deeply rooted patriarchal system in society. The presence of women in parliament not only
enriches the diversity of perspectives in decision-making processes but also
brings positive changes to political practices. Through hard work and
demonstrating their capabilities, female politicians continue to strengthen
their positions and pave the way for future generations to actively participate
in the political arena.
The Role
of Feminist Legal Theory in Women's Political Participation in Indonesia
Feminist
legal theory has played a significant role in promoting women's political
participation in Indonesia. This theory provides a critical framework for
analyzing and transforming gender-biased legal systems, thereby creating
greater opportunities for women's involvement in the political sphere. It
critiques the Indonesian legal system, which tends to be gender-biased and
patriarchal, highlighting that many laws and policies are made without
considering women's experiences and needs. This critique drives legal
reforms to create a more inclusive and gender-responsive system, particularly
in politics.
One significant impact of feminist
legal theory is the implementation of affirmative action policies in Indonesia.
Affirmative action is an initiative aimed at providing equal opportunities for
certain groups, whether based on gender or profession, to ensure they have the
same chances as other groups in the same field through affirmative
policies. This theory serves as the
theoretical basis for implementing a 30% quota for women's representation in
legislative candidacies. This policy aims to increase women's participation in
formal politics and change the male-dominated political landscape.
You can also read: The 30Percent of Women’s Representation in Parliament Is Not only A Matter of Numbers but also Inclusivity
To achieve gender equality in
Indonesian politics, concrete actions are needed from various parties. The
government needs to strengthen the implementation and supervision of
affirmative action regulations and incorporate a gender perspective in
policymaking. Political parties should increase support for female cadres and
ensure the fulfilment of the 30% quota in legislative nominations. Civil
society organizations can contribute by providing political education for women
and campaigning to eliminate gender stereotypes. Academics are expected to
research and develop feminist legal theories relevant to the Indonesian
context. The media also plays a crucial role in offering balanced coverage and
space for gender equality issues in politics. Meanwhile, society must support
and provide equal opportunities for women to participate in politics. With the
commitment and cooperation of all parties, the application of Feminist Legal
Theory can promote the creation of a more just and equitable political system
for women in Indonesia.
If you are interested in issues
related to gender equality and in-depth discussions about feminism, join with
Feminist Society Indonesia. Feminist Society Indonesia aims to promote gender
equality and women’s rights activism through education and advocacy. To get
related articles, please visit the page feminist-society.blogspot.com.
You can also contact us on:
Instagram :
@feministsociety.id
LinkedIn : FeministSociety Indonesia
Email : fem.official7@gmail.com
View More:
Alam Subuh Fernando. 2021. Hak
Asasi Politik Perempuan di Indonesia dalam Perlindungan Hukum Positif dan Hukum
Islam. Politea. Volume 4. Number 1. https://doi.org/10.21043/politea.v4i1.10058.
Dimas Arif Pratama, Meisyifa
Yosaliza, Moh Ichsan Maulana, Salsa Billa Suci Quraini, and Raju Moh Hazmi. 2024.
Prespektif Teori Feminisme dalam Rasionalitas Keterwakilan Perempuan 30% pada
Pemilu di Indonesia. JUSTITIA Jurnal Ilmu Hukum dan Humaniora. Volume 7. Number
2. https://doi.org/10.31604/justitia.v7i2.485-491.
Gary Minda. 1995. Feminist Legal
Theory in Postmodern Legal Movements: Law and Jurisprudence At Century’s End.
NYU Press. https://doi.org/http://www.jstor.org/stable/j.ctt9qg2gf.12.
Mallikarjun I Minch. 2021. Women
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Muahammad Faizal, Muhammad Zhuhri
Fachyuzar, Putriani Lumbangaol, and Andreas Sihombing. 2024. 2 Dekade Affirmative
Action Keterwakilan Perempuan Dalam Politik Indonesia. Rechtsnormen Jurnal
Komunikasi Dan Informasi Hukum. Volume 3. Number 1. https://doi.org/10.56211/rechtsnormen.v3i1.628.
Rahmatullah Indrasari and Nabitatus
Sa’adah. 2024. The Feminist Legal Theory Movement and Its Implementation in the
Indonesian Constitutional System. Volume7. Number 7. https://doi.org/10.47191/ijsshr/v7-i07-111.
Siti Masruroh and Irham Bashori
Hasba. 2022. Normatifitas Keterlibatan Perempuan dalam Proses Legislasi
Nasional Perspektif Feminist Legal Theory. Interdisciplinary Journal on Law,
Social Sciences and Humanities. Volume 3. Number 2. https://doi.org/10.19184/idj.v3i2.33051.
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