WOMEN'S REPRESENTATION IN BOARD LEGISLATIVE
By: Vallida Anita Pieter
Background
The reforms that occurred in Indonesia became a stepping stone for a high leap in breaking through the involvement of women in the legislature. It was recorded that in the 1999 general election, women's involvement increased., and since then the number has increased, although there have been ups and downs in the number of women involved in the legislature in the 1999-2004 period, as many as 57 people, to 11,40% compared to the year-year Previously and continued to increase until the 2009-2014 period, the involvement of women amounted to 97 people, 17,32% of the total number of members of the Indonesian House of Representatives, which is 560 people. (www.jurnalperempuan.com) consisting of politicians and celebrities, but whatever the results, it is all a process that has been achieved.
The representation of women in the House of Representatives was a hot topic of discussion during the 2014 legislative inauguration. Several political parties developed strategies to encourage women to participate.SA number of new parties competing in the 2014 elections emphasized women's representation as their top priority, stating that they had truly fulfilled the 30% quota for women's representation. Advertisements or promotions to introduce the party to the public contained information about the party's consistency in fulfilling the women's quota both in the regions and at the center, disseminated and broadcast to shape the party's image, and it was hoped that this would become a positive reality.
The struggle to ensure 30% of women hold legislative seats actually has several legitimate goals, including ensuring women's rights, particularly their political rights as citizens with equal rights to men. The issue of women's empowerment is a key foundation for thinking about women's representation in politics, and ensuring that policies and laws are formulated with a gender perspective. and Of course this is a promising hope for a the struggle that enough long. But the question is, will fulfilling the quota solve all the problems? children and women also face corruption and other problems can be resolved completely or otherwise akan create new problems.
Formulation of the problem
According to the description in the Background, the problemnewIs it mandatory for women to be represented in the legislature? can complete problems facing women and children.
Discussion
According to Article 27 of the 1945 Constitution of the Republic of Indonesia (UUDNRI 1945) that "All citizens have equal standing before the law and government and are obliged to uphold the law and government without exception." This means that it can be said that 30% of women's representation in the legislature of a party does not absolutely form the image of the party as a party that meets the requirements.
To solve the problem, what is used is Legal Theory as a theory of human order which will not stop at the text formulations but will move towards a form of solution that does not only stop at what is 't, why, but what next. It is hoped that the government will pay attention by reviewing the benchmark of 30% female representation in the legislature which is a measure of a party's success and it is also hoped that it can be more than 30% but it can also be insufficient and there is no need to force the situation even though it does not meet the needs, because whether the presence of many women in the legislature can produce regulations that support justice or resolve women's and children's problems.
Women are not only needed in political matters, but they are the ones who hold control in the family to form a prosperous family, especially in forming the character of children to support the future generations of the Nation and State because children are the next generation of the Nation.
Doubts arose when the media reported that a number of women involved in politics were involved in corruption cases, some of which became phenomenal. Their backgrounds before becoming party members and legislators contributed to their role as icons of change for women and pioneers in demonstrating that women are capable and worthy of political involvement. However, when corruption cases emerged, women once again faced significant challenges.
Data proves that the number of women involved in corruption is not as many as the number of men, but this issue has become an interesting and hot issue and this also happened because the media packaged this issue in a very interesting way and also the public's desire to know from those who failed in their own struggles who tarnished the struggle of their own people who failed in their struggles or those who tarnished the struggle of their own people.
The issue of women involved in politics and corruption cases has become bigger than the actual news, due to the growing assumptions and comments about women's role in male corruption. Women are considered one of the reasons why men are willing to commit these acts of corruption. Women are said to hide behind their beauty, sexiness, weakness, and honor, which encourage men to commit corruption. This is evidenced by the media, which broadcasts a number of names of women caught up in corruption cases involving state officials, amounting to very large sums. Even the presence of these women becomes a cover for hiding this illicit money, known as "scams." money laundering. To hide this large sum of money, a number of valuable, branded, and high-quality items were purchased.
The issues raised above warrant further consideration of the 30% quota for women's representation in the legislature. This means that the 30% quota doesn't necessarily end the struggle of women and gender advocates, as it could become a battle of ideas that warrants vigilance. Women advocates for gender equality must be wary of new forms of control and oppression of women. Ultimately, the struggle for this quota may not be simply about whether it's met, but rather about whether or not it's ready..
The second to fourth amendments to the 1945 Constitution of the Republic of Indonesia, as a result of the annual session of the People's Consultative Assembly in 2000 on 7-18 August 2000, which contains article 28 H paragraph (2) which states that everyone has the right to receive facilities and special treatment to obtain the same opportunities and benefits in order to achieve equality and justice. It is not a historical milestone in achieving the struggle for women's representation in the legislature because since 1958 Indonesia has passed a law that protects women's rights in politics, Law (UU) No. 68 of 1958 concerning the Ratification of the Convention on Women's Political Rights, which regulates the Realization of Equal Status (non-discrimination), guarantees of equal rights to vote and be elected, guarantees of participation in policy formulation, opportunities to occupy bureaucratic positions, and guarantees of participation in socio-political organizations with the same benefits in order to achieve equality and justice.
The amendment to the 1945 Constitution which became the starting point because it showed results with the ratification of Law Number 12 of 2003 concerning the Election of the DPR, DPD, and DPRD. Increasing women's representation is attempted to be done by providing provisions so that political parties participating in the Election must pay attention to women's representation of at least 30% in nominating candidates for DPR, DPD, and DPRD members. Article 65 paragraph (1) of Law Number 12 of 2003 concerning the Election of the DPR, DPD, and DPRD states, Every Political Party Participating in the Election may nominate candidates for DPR, Provincial DPRD, and Regency/City DPRD members for each Electoral District by paying attention to women's representation of at least 30%.
The ideals of this struggle are also contained in Law No. 10 of 2008 concerning Legislative Elections and Law No. 2 of 2008 concerning Political Parties (Parpol), the quota for women's involvement in the political world is 30 percent, especially for sitting in parliament. Even in Article 8 Point d of Law No. 10 of 2008, it is stated that the inclusion of at least 30 percent female representation in the management of political parties at the central level is one of the requirements for political parties to be able to become election participants. And Article 53 of Law No. 10 of 2008 states that the list of prospective election participants must also contain at least 30 percent female representation. The true ideals that have been fought for show results with a number of women who occupy legislative seats in 2014.
In this case, women fought for political seats and succeeded in securing a sizable quota to contribute to the political process. Historically, the long struggle bore fruit when the 30% quota was enshrined in law. However, without thorough preparation, women ultimately become political objects, driven by the quota they fought for. Women are simply dragged into politics "simply" to fulfill the quota. The result is quantity, not quality.
Thorough preparation is very necessary, especially in political education for women, because the 30% quota is not a RASKIN rice quota or Direct Cash Assistance (BTL) from the government, but rather a long struggle, so do not waste it and of course thorough preparation is needed for that, not just to fulfill the quota.
We should not be overly enthusiastic without increasing our vigilance, as if we are being given a quota of struggle, but we must think about how to then manage the results of the struggle and not just fulfill the 30% quota, but also about how the 30% quota has the maximum quality. The first thing to do is to pioneer a political life that has a gender perspective or prepare both strong men and women who have the spirit to fight in the political world and use that politics to create a just society towards a prosperous, clean and moral life. The problem that exists is that every time the women's or gender movement is always interpreted as a power struggle between women and men, when in fact the women's and gender struggle is not just a display of male power, but a struggle to create Equality in social life. Therefore, good collaboration between women and men is needed to realize the struggle in its entirety (Lekskes, 1998: 479-481). Because women's dual function is not only in the political world but is also very much needed as mothers in raising children and families.
Next How do we compete not only to fulfill the quota to occupy a government body seat but how do we compete for the welfare of our family life, how do we educate our children who are the successors of this nation, by seeing a number of abuses that occur to children as well as the use of child labor and what is worse how to overcome the form of brawls between school children which are becoming more brutal day by day beyond the limits of humanity, how can the quota of women's representation be more than 30% because of their abilities, not because they have no work while a number of tasks still have to be done by women to participate in the life of the nation and state. Strong women are identified with Kartini's struggle to demand equal rights. According to Iriana Jokowi (wife of the Governor of DKI Jakarta who is now the wife of the President-elect) "The figure of Kartini today can be depicted as a modern woman, on the one hand actively expanding her horizons through her career but on the other hand not abandoning her nature as a woman where today's Kartini must also have a social spirit above average, sharing enthusiasm, sharing advantages with others, even though she works and builds a career, but does not abandon her nature as a wife, mother, member of society" (Aster Putih 1st edition, 2013, page 77).
State capacity refers to how the state solves the problems of its citizens, the state is obliged to guarantee the basic rights of women as citizens. Indeed, for women to focus only on family life is currently considered outdated, but whatever it is is something important. It is hoped that with the provisions of the quota for women's representation in the legislative arena, there will be an increase in the role of the state in changing gender bias through political policies that are able to protect female victims, for example, trafficking, prostitution, and child neglect.
The state has the capacity to implement gender policies that are more directed towards improving the social, cultural, economic, and political conditions of women and will certainly have an impact on children who are the next generation. The state with its power can provide views to society about the rights and obligations of women in the family because women are no longer subordinate to the superiority of men but women are partners in building families, communities and countries. "The consequences of the old paradigm in viewing men and women as different by nature where men are considered the economic pillars of the family and women as child caretakers and home keepers towards the paradigma who help each other” (Women and Children in Underdeveloped Areas, Jurnal Perempuan edition 59.2008 page 29) A country with a gender ideology can provide legal protection through regulations in the law for victims, especially women and children, both physically and mentally, and it is very important to take firm and severe action against individuals who commit crimes or traffickers and no less important is the attention of parents, teachers, the surrounding community, religious institutions, who can work together with the prosecutor's office, police, immigration and the legislature in forming legal regulations.
It is hoped that the struggle of women in the legislature can contribute to regulations that protect the rights of children who are the next generation, more to parents in terms of protecting children from various brutal child crimes, and whether if there are crimes committed by children, can children be protected by the fact that children are still minors, children do not understand what is wrong and what is right as recently starting from harassment of underage children, the behavior of children who express their greatness by ganging up on friends until they die like television shows some time ago and whether the fault is entirely on the children.
The author's opinion is that the development of the world of children is different, with the fact that all electronic devices can be reached even if they don't have their own but can use the available facilities and pay, while those who have their own can enter all lines without control from parents on the pretext of studying.
In the past, our nation was shocked by an insult to the President by a child who was defended tooth and nail by a DPR leader on the grounds that the child did not know that his actions were wrong and more fatally, why the law is sharp downwards but blunt upwards.
This situation is something that can trigger more crimes because it can hide behind the understanding that the child is poor, does not know what he is doing. It is questionable whether crimes committed by poor people can be ignored? Is there no common sense in poor people that can guide them to the right path? And there are many other things that are a concern for the behavior of society that require clear written legal rules so that they bind citizens. to behave.
The principle that future generations should at least have the same opportunities as the current generation (lecture by Prof. Dr. T. Pariela MA. 2015) will be seen in how to overcome this, whether women's representation will create a good generation by producing supportive rules and laws.
According to the Republic of Indonesia Law No. 23 of 2002 concerning Child Protection, Article 2 states that "Child Protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and honor, and receive protection from violence and discrimination" and the family is the smallest unit in society where children grow and develop, therefore the form of sanctions for families who neglect children must still be considered. Likewise, in poor families there are family planning services and counseling and obtain free contraceptives to limit the birth of poor children, malnourished, disabled children because during pregnancy they did not receive good care.
Article 34 paragraph 2 of the 1945 Constitution of the Republic of Indonesia states "The state develops a social security system for all people and empowers the weak and underprivileged in accordance with human dignity" and paragraph 3 "The state is responsible for providing adequate health care facilities and public service facilities" meaning that there are a number of regulations that protect children, hopefully with the representation of women in the legislature, children's problems will become the government's concern.
In the midst of the existing series of legal regulations, Nonet-Selznick has a responsive legal model that can help design legal regulations that can help society, so that society can obey the law not because of the consequences and will of the law but because know it and obey pada law, therefore the law must side with the interests of society.
According to Nonet-Selznick, "Social change and social justice"s"It requires a responsive legal order" (Bernard L.Tanya et al. Legal Theory. Genta Publishing: 2010 p. 205)
With this responsive legal character emphasizing on legal legitimacy, it is the main part of substantive law that requires procedural. For responsive law, the main thing is the content of the rules and fostering a system of obligations, not coercion, so that society is obliged to follow the rules in a participatory manner. (H. Hattu. Postgraduate Program in Law, Unpatti 2014), this means that whoever he is is obliged to obey the applicable law, the law must have an influence to provide a deterrent effect on anyone who violates (MJ Saptenno. Postgraduate Program in Law, Unpatti 2014) even for children, whoever their parents are poor or rich.
Poverty cannot be used as a benchmark for forgiveness, and wealth cannot be used as a tool for bribery for forgiveness, such as the example in the media which shows a minor giving money to the police to free him from the mistakes he made. Hopefully, female representatives in the legislature can be steadfast in voicing justice, so that there are regulations produced that are on the side of truth and protection. topublic, so that women's representation in the legislature can increase further but it depends also on their motivation sit down and be part of legislative
Legal norms are a means used by society to regulate behavior so that they have coercive power (lecture by Dr. H Salmon SH.MH. 2015), and hopefully law enforcers in their duties will side with truth and justice, and if this can be realized then the law can lead to at least some improvement,
Closing.
The conclusion that can be drawn is that 30% representation of women in the legislative arena can produce a rule that can deter perpetrators of crimes whoever they are and is still expected to produce legal rules that are pro-community in upholding the truth. It is recommended that women in the legislature can be more and also less, not just based on 30% representation in terms of expressing opinions to produce rules that favor women and children, by referring to responsive legal forms, and developing according to needs and not overlapping. and will be valid for a long period of time.
REFERENCES
Lekskes, Jeannette. 1998. Gender Awareness & Policy Dalam Development in Practice, Volume 8 Number 4.
Women's Journal Edition 48. Women's Knowledge, 2006.
Women's Journal Edition 59. Women and Children in Underdeveloped Areas, 2008.
Women's Journal Edition 63. Notes on Women's Political Struggle, 2009.
Etc.
Law No. 68 of 1958 concerning Ratification of the Convention on the Political Rights of Women
Rep. State Constitutionuback to Indonesia Year1945.
Law Number 12 of 2003 concerning the Election of the DPR, DPD, and DPRD
Law No. 10 of 2008 concerning Legislative Elections
Law No. 2 of 2008 concerning Political Parties (Parpol)
Law No.23 of 2002 concerning Child Protection.
Lecture MaterialDrH.Hattu.SH.MH.2014;Prof.Dr.MJSaptennoSH.MH.2014;Prof.Dr.T.ParielaMA. 2015.;Dr.H.Salmon.SH.MH.2015.
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