Page 74 - CONFERENCE BOOK OF INTERNATIONAL CONFERENCE ON GENDER, CULTURE AND SOCIETY (ICGCS) 2021

CONFERENCE PROGRAM AND ICGCS 2021

ABSTRACT BOOK

Gender Law and Human Rights

THE IMPORTANCE OF NATIONAL CORRECTION TOWARD

GENDER-DISCRIMINATORY POLICY AND LAW IN INDONESIA

Siti Rofiah
Universitas Islam Negeri Walisongo Semarang

The purpose of this research is to provide argument about the importance of

national correction toward “gender discrimination” regulation and law in Indonesia

and how to do them.

The method of this research is sociolegal method. It can be identified by two types:

First, sociolegal study conducts textual studies, articles of law and regulation which

can be critically analyzed and explained their meanings and implications for legal

subjects. Second, sociological study also examines the legal culture of society and

uses it as a source of analysis. This study uses a critical paradigm from the Feminist

Legal Theory or Feminist Jurisprudence.

This research results three conclusion. First, from juridical perspective, as part of

the realization of the constitution mandate that law and regulation must be

harmonioused and not be contradicted each other, national correction should be

done. In addition, every product of legislation must comply with gender equality

parameters as the commitment to respect human rights. Second, the aim of law is

to bring about justice. In a feminist perspective, a fair law is a law not discriminate

against women. Therefore, the law must be formed by placing men and women

fairly and equally. And the third, what is needed to carry out national correction is

the willingness of stakeholders to maximize prevention and supervision efforts

according to legal procedures, and starting with good coordination between three

ministries; Ministry of Law and Human Rights, Ministry of Women's Empowerment

and Child Protection and Ministry of Home Affairs to make effective breakthroughs

in order to make systematic improvement based on established procedurs to

actualize policy and law in accordance with gender equality paramaters.

Keywords: gender discrimination, regulation and law, national correction

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