Legal Politics of Gender Inequality in Determining Legal Capability in Indonesian Legislation

DOI

10.2991/assehr.k.211110.039How to use a DOI?

Keywords

Legal Politics; Legal Capability; Gender Inequality; Indonesian Legislation; Legal Cybernetics

Abstract

The issue of gender equality in legislation has become a timeless theme that has emerged throughout history. Most of the statements related to this issue usually do not come from a strong theoretical basis because they do not analyze the political and legal aspects of this gender inequality. This issue can often be found in the formulation of regulations regarding legal capability. The legal politics of legislation varies greatly depending on the interests of the parties that intersect with the legislation. Thus, the critical question is: which the realms of law that legal politics of gender inequality related to legal capability are strengthened and weakened? The purpose of this research is to develop theses that will be very useful for those who are interested in studying gender issues. By using text analysis on some normative provisions in the legislation, the authors conclude that legal politics which includes the issue of gender inequality related to legal capability, will emerge in non-neutral areas of law. In the category of legal cybernetics theory, this area is included in the high information, but low energy fields. But, in high energy areas, such politics of law do not appear explicitly.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Shidarta
AU  - Imelda Martinelli
PY  - 2021
DA  - 2021/11/21
TI  - Legal Politics of Gender Inequality in Determining Legal Capability in Indonesian Legislation
BT  - Proceedings of the International University Symposium on Humanities and Arts 2020 (INUSHARTS 2020)
PB  - Atlantis Press
SP  - 261
EP  - 266
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211110.039
DO  - 10.2991/assehr.k.211110.039
ID  - 2021
ER  -