Proceedings of the International University Symposium on Humanities and Arts 2020 (INUSHARTS 2020)

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

Authors
Shidarta1, *, Imelda Martinelli2
1Law Department, Faculty of Humanities, Bina Nusantara University
2Faculty of Law, Tarumanegara University
*Corresponding author. Email: shidarta@binus.edu
Corresponding Author
Shidarta
Available Online 21 November 2021.
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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Volume Title
Proceedings of the International University Symposium on Humanities and Arts 2020 (INUSHARTS 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 November 2021
ISBN
10.2991/assehr.k.211110.039
ISSN
2352-5398
DOI
10.2991/assehr.k.211110.039How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
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  -