Legal Framework for Minimizing Electoral Barriers to Women's Representation in Indonesian Elections
DOI:
https://doi.org/10.25041/fiatjustisia.v18no3.3556Abstract
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.
Keywords:
Women's Representation, Elections, Women's Rights, DemocracyReferences
Bochenkova, Alena, Paolo Buonanno, and Sergio Galletta. “Fighting Violence against Women: The Role of Female Political Representation.” Journal of Development Economics 164, no. October 2022 (2023): 103140. https://doi.org/10.1016/j.jdeveco.2023.103140.
Celis, Karen. “Representativity in Times of Diversity: The Political Representation of Women.” Women’s Studies International Forum 41 (2013): 179–86. https://doi.org/https://doi.org/10.1016/j.wsif.2013.07.007.
Chaney, Paul. “Organized out of Politics? Parliamentary Scrutiny of the Substantive Representation of Women in UK Governments’ Legislative Programmes 1945–2012.” Women’s Studies International Forum 50 (2015): 57–67. https://doi.org/https://doi.org/10.1016/j.wsif.2015.02.006.
Clayton, Amanda, Cecilia Josefsson, and Vibeke Wang. “Quotas and Women’s Substantive Representation: Evidence from a Content Analysis of Ugandan Plenary Debates.” Politics & Gender 13, no. 2 (2017): 276–304.
Esarey, Justin, and Leslie A Schwindt-Bayer. “Women’s Representation, Accountability and Corruption in Democracies.” British Journal of Political Science 48, no. 3 (2018): 659–90.
Gonzalez-Eiras, Martin, and Carlos Sanz. “Women’s Representation in Politics: The Effect of Electoral Systems.” Journal of Public Economics 198 (2021): 104399.
Gürses, Mehmet. “Anatomy of a Civil War,” 2018. https://doi.org/10.3998/mpub.9946395.
Hessami, Zohal, and Mariana Lopes da Fonseca. “Female Political Representation and Substantive Effects on Policies: A Literature Review.” European Journal of Political Economy 63 (2020): 101896.
Holtmaat, Rikki, and Anne Hellum. “The CEDAW: A Holistic Approach to Women’s Equality and Freedom.” Women’s Human Rights: CEDAW in International, Regional and National Law, 2013, 95–123.
Koyuncu L., Berrin, and Ahu Sumbas. “Discussing Women’s Representation in Local Politics in Turkey: The Case of Female Mayorship.” Women’s Studies International Forum 58 (2016): 41–50. https://doi.org/https://doi.org/10.1016/j.wsif.2016.06.003.
Liebowitz, Debra J, and Susanne Zwingel. “Gender Equality Oversimplified: Using CEDAW to Counter the Measurement Obsession.” International Studies Review 16, no. 3 (2014): 362–89.
MPR. “Peningkatan Partisipasi Perempuan Dalam Politik Butuh Dukungan Semua Pihak,” 2023. https://www.mpr.go.id/berita/Peningkatan-Partisipasi-Perempuan-dalam-Politik-Butuh-Dukungan-semua-Pihak.
Safaei, Jalil. “Democracy and Women′s Health.” Mens Sana Monographs 7, no. 1 (2009): 20. https://doi.org/10.4103/0973-1229.42101.
Spicer, Zachary, Michael McGregor, and Christopher Alcantara. “Political Opportunity Structures and the Representation of Women and Visible Minorities in Municipal Elections.” Electoral Studies 48 (2017): 10–18. https://doi.org/https://doi.org/10.1016/j.electstud.2017.01.002.
True, Jacqui. Violence against Women: What Everyone Needs to Know®. What Everyone Needs to Know, 2020.
Ucaray-Mangitli, Burcu, and Senem Yildirim. “Gender Segregation in Parliamentary Committees of Turkey: Intermediary Spaces of Women’s Political Representation.” In Women’s Studies International Forum, 97:102681. Elsevier, 2023.
Vijeyarasa, Ramona. “Women’s Absence in Sri Lankan Politics: Lessons on the Effectiveness and Limitations of Quotas to Address under-Representation.” Women’s Studies International Forum 81 (2020): 102371. https://doi.org/https://doi.org/10.1016/j.wsif.2020.102371.
Wang, Yi T, Patrik Lindenfors, Aksel Sundström, Fredrik Jansson, Pamela Paxton, and Staffan I Lindberg. “Women’s Rights in Democratic Transitions: A Global Sequence Analysis, 1900–2012.” European Journal of Political Research 56, no. 4 (2017): 735–56. https://doi.org/10.1111/1475-6765.12201.
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