scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

2021 ◽  
pp. 186-198
Author(s):  
Edi Marsis ◽  
. Sudarsono ◽  
Ruba'i Masruchin ◽  
Siti Hamidah

Provisions for the execution of the madliyah livelihood conditions in statutory regulations, especially in the provisions of Article 70 of Law Number 7 of 1989 concerning the Religion Courts as amended by Law Number 3 of 2006 and Law Number 50 of 2009, directly result in a lack of certainty. The law on the right to maintain madliyah livelihood also has direct implications for the trust of society, especially women, in the Religion Courts which should be able to defend women's rights and serve as a bridge to resolve issues of rights that should be obtained, namely madliyah livelihood after divorce. The execution of the wife's madliyah livelihood has implications for the judge's decision, namely: first, the judge does not have a legal basis regarding how the procedure for carrying out the execution that should be carried out for the process of executing the madliyah livelihood. Second, there is no complete regulation up to the implementation of decisions in regulating the rights to support the wife and children - one of which is the madliyah livelihood. Efforts to be able to provide legal certainty for executions at the Religion Courts can be done by completing regulations and building mechanisms.


2020 ◽  
Vol 8 (12) ◽  
pp. 1886
Author(s):  
Febri Jaya

Tujuan dari penulisan artikel ini adalah untuk memberikan penjelasan terkait bentuk-bentuk perlindungan hukum hak-hak pekerja perempuan pasca revisi Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan dalam Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja. Adapun fenomena yang ada pasca pengesahan Rancangan Undang-Undang tentang Cipta Kerja oleh Dewan Perwakilan Rakyat pada tanggal 05 Oktober 2020 adalah terdapat berbagai penolakan masyarakat terhadap Omnibus Law tersebut. Salah satu alasan penolakan masyarakat yang mendorong aksi demokrasi di berbagai daerah di Indonesia. Adapun salah satu persoalan yang menjadi isu yang ditolak oleh masyarakat melalui demonstrasi tersebut adalah penghapusan hak-hak perempuan. Jenis Penelitian yang digunakan dalam menulis artikel ini adalah jenis penelitian hukum normatif. Melalui kajian normatif, Peneliti bermaksud untuk melakukan kajian perlindungan hukum bagi hak-hak pekerja perempuan pasca revisi undang-undang ketenagakerjaan dalam pengesahan Rancangan Undang-Undang Cipta Kerja. Sebagai hasil kajian, peneliti menemukan bahwa hak-hak yang menjadi obyek demonstrasi masyarakat tidak seluruhnya benar. Adapun penyebaran informasi-informasi tidak tepat secara massif dan terstruktur menyebabkan pemahaman yang keliru di masyarakat. Sehingga terjadi demonstrasi penolakan terhadap Omnibus Law yang salah satu pembahasannya adalah perlindungan pekerja perempuan dalam Klaster Ketenagakerjaan. Meskipun penegasan penegakan hak-hak perempuan seharusnya ditegaskan kembali dalam revisi undang-undang tersebut, seperti keharusan pemberian hak-hak pekerja perempuan pada Usaha Kecil dan Mikro yang cukup sering terabaikan.   The purpose of writing this article is to provide a related explanation of forms of legal protection for women workers after revision of Law Number 13 Year 2003 Concerning Employment in Law Number 11 Year 2020 About Job Creation. As for the existing phenomena after the ratification of the Draft Law on Job Creation by the government on October 5, 2020, there have been various public objections to the omnibus law. One of the reasons for the community’s refusal to encourage democratic action in the various region in Indonesia. One of the issues that became an issue that was rejected by the community through the demonstration was the elimination of women’s rights. The type of research used in writing this article is a type of normative legal research. Though a normative study, the researcher intends to conduct a study of legal protection for the rights of women workers after the revision of the labor law in the ratification of the Work Creation Regulation. As a result of the study, the researcher found that the rights that were the object of community demonstration were not entirely correct. Meanwhile, the massive and structured dissemination of inaccurate information has lead to a misunderstanding in society. So there was a demonstration against the omnibus law, one of which was discussed was the protection of women workers in the employment cluster. Although the affirmation of women’s rights should be reaffirmed in the revision of the law, such as the necessity of grant the right of women workers at Small and Micro Enterprises which is quite often neglected.


2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.


2020 ◽  
Vol 03 (01) ◽  
Author(s):  
Rabia Binte Sajjad Ahmed Saeedi

Islam is the final divine religion and its teachings are natural and justice based. One of its teachings is the right of inheritance. Inheritance is very important in every human life. After the death of a Muslim man or woman, his/her decedents and other relatives become entitled the inheritance. In Surah Al-Nisa, the division of inheritance has been briefly described. The Holy Prophet (peace be upon him) implemented this divine rule in his life and the Khulafa-e-Rashidin also followed and implemented this rule in their period very well. So there is no conflict among the Muslims about the law of inheritance. In subcontinent, after British rule, some social and ethical problems and issue regarding law of inheritance appeared. To violate this law some greedy people made different ways to deprive their relatives from the inheritance e.g. marriage with Quran, forced marriage, agricultural land deceiving, usurper on trade and business, divorce and late decision of honorable courts made a social role in deprivation of inheritance. This paper aims to diagnose the reasons of these problems and make suggestions to control these issues by the implementation of law of inheritance in the light of Quran o Sunnah and the constitution of Pakistan.


2016 ◽  
Vol 12 (4) ◽  
pp. 716
Author(s):  
Dede Kania

Up to now, the law is still considered discriminatory and gender inequality. Though the law should be equal or sensitive to gender inequality to guarantee women’s rights. By following the principle of equality in all areas of the good men  and women have equal rights or opportunities to participate in every aspect of social life and state. so if there is discrimination against women, it is a violation of women’s rights. women’s rights violations occur due to many things, including the result of the legal system, where women are victims of the system. Reform Order is the most progressive period in the protection of human rights. Various laws and regulations come outin this period, including laws and regulations concerning women’s rights. Seen from the government’s efforts to eliminate discrimination based on sex are included in many  legislations.


Author(s):  
RANDRINRIJAONA MAEVA

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.


Author(s):  
Julie Miller

This book shows how a woman's desperate attempt at murder came to momentarily embody the anger and anxiety felt by many people at a time of economic and social upheaval and expanding expectations for equal rights. On the evening of November 1, 1843, a young household servant named Amelia Norman attacked Henry Ballard, a prosperous merchant, on the steps of the Astor House Hotel. Agitated and distraught, Norman had followed Ballard down Broadway before confronting him at the door to the hotel. Taking out a folding knife, she stabbed him. Ballard survived the attack, and the trial that followed created a sensation. Newspapers in New York and beyond followed the case eagerly, and crowds filled the courtroom every day. The prominent author and abolitionist Lydia Maria Child championed Norman and later included her story in her fiction and her writing on women's rights. Norman also attracted the support of politicians, journalists, and legal and moral reformers who saw her story as a vehicle to change the law as it related to “seduction” and to advocate for the rights of workers. This book describes how New Yorkers followed the trial for entertainment. Throughout all this, Norman gained sympathys, in particular the jury, which acquitted her in less than ten minutes. The book weaves together Norman's story to show how, in one violent moment, she expressed all the anger that the women of the emerging movement for women's rights would soon express in words.


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