NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 THE IMPLEMENTATION OF POLITICAL WOMEN'S RIGHTS IN STATE OF REPUBLIC WOULD BE HAVE DEMOCRACY NANY SURYAWATI Darma Cendika Catholic University Surabaya Indonesia [email protected]

ABSTRACT: can be fulfilled, at the same age as the goal The State of the Republic of Indonesia of the Indonesian rule of law. is a rule of law based on democracy, and as Keywords: Rights in the political field; outlined in its Constitution, the 1945 Women's representation; Parliament. Constitution of the Republic of Indonesia, which has been amended gradually from INTRODUCTION: 1999 to 2002. This amendment brought The constitutional building in the about fundamental changes to the building Republic of Indonesia has experienced of the Indonesian state structure, significant changes in the government system particularly in fulfillment of the rights of in the Republic of Indonesia, particularly in the citizens, in the political field, without political field, by providing opportunities for distinction. Political human rights for Indonesian citizens to participate in political Indonesian women are further emphasized bidnag without distinction, through in various laws and regulations. These amendments to the 1945 Constitution of the human rights in the field of women's Republic of Indonesia. politics have not experienced a significant The political opportunities is one of the increase, so that the representation of manifestations of human rights that are women in parliament, has not been evenly recognized by all countries yan g adheres to the distributed, because it is still dominated by principle of the State of Law and the State of men. Law No principle of democracy. Democratic The existence of affirmative action that societies are not governed by a single and is fought for continuously makes the universal procedure, but rather by complex distribution of women's representation in social procedures or practices. Every the management of political parties and in procedure is embedded in life forms so it must parliament close to the number of male be obeyed and practiced. Procedures are not representatives. rules that are created based on certain The representation of Indonesian universal principles, because they cannot be women has experienced ups and downs separated from forms of life. Identity pluralism since the first general election in 1955, but is a factor that influences the existence of with the amendment to the 1945 democracy itself. Constitution of the Republic of Indonesia, The constitution regulates the political an activity is needed to socialize the rights of the people, including the rights of understanding of democracy and politics women, so that the political rights of women for Indonesian women and also men, so can be fulfilled in their tactics, so that the support for involvement Indonesian women principle of democracy is maximally practiced. in politics are not only from the government The Universal Declaration of Human but from all Indonesian people, so that the Right, has formulated that every person has the political rights of every Indonesian citizen right to freedom to have and issue opinions 362 | P a g e

NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 without interference, including the right to This authority to respect the human seek, receive, convey information, and opinions rights of the nation's citizens is reflected in the in any way without limits. Preamble of the 1945 Constitution of the This declaration is the basis for the Republic of Indonesia, which animates all fulfillment of human rights, including human articles in the constitution, especially those rights in politics. relating to the equality of the position of the nation's citizens in law and government. DISCUSSION: Political human rights are in essence not Fulfillment of political rights for women only the rights of every national citizen , but in the Republic of Indonesia, is a real need to also the right of everyone to participate in accommodate the interests of Indonesian practical political activities, which include the women , by actively involving women in right to vote, the right to be elected, both as an making policies and decisions that have both administrator of a political party, and as a direct and indirect impacts on women's legislative candidate, even become a member interests, to avoid gender injustice. Equality of the legislature (parliament). paradigm and gender justice indeed emotion s In the Republic of Indonesia, these followed by action and a maximum of political rights have only been granted integrating gender mainstreaming (gender opportunities in accordance with the mainstreaming) in any policy formulation and provisions of the articles in the 1945 decision-making. The concept of freedom Constitution of the Republic of Indonesia, after according to Kant is freedom of freedom the reforms, after the administration of (Kuswanto, 2016) , which is the basis of actions President Soeharto, which were continued with which include actions against oneself, others amendments to the Constitution gradually and shared life (the ways we treat ourselves, from 1999 to in 2002. the ways we interact with others, and the ways This reform movement, as outlined in the we organize our collective lives ) According to Decree M of the People's Consultative Kant's opinion, the concept of good will as the Assembly (Tap MPR) Number X / MPR / 1998, basis of action is related to the concept challenged the Principles of Reform which of duty, so that the understanding becomes : contained : acting for the obligation itself (will from duty ) . a. Crisis relief in the political field aims to Therefore, between the human rights build a democratic and stable political life they have and the obligation to respect the with the goal of reestablishing the rights of others, makes everyone's freedom to authority immediately and government exercise their human rights limited by the legitimacy, supported by the participation rights of others, and this also applies to the and trust of the people, and creating a State, meaning that the State must not neglect conducive atmosphere for ensuring peace, the rights of every citizen his country without tranquility, and order of the community, exception. both in urban areas and in the countryside Republic of Indonesia has the ideology of b. The implementation of information in the as the nation which contains the idea political field is aimed at upholding that ®µ≠°Æï≥ dicipt a right by God Almighty to people's sovereignty as a way to resolve bear two (2) aspects, namely: the aspect of national crises in all fields, with priority individuality (private) and aspects of sociality scale. (community).

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NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 The existence of the MPR Decree, has at the same time as the most powerful legal become a new era in this democratic instrument in providing guarantees for the country, as a legal basis for the fulfillment protection of the basic rights and human rights of the rights of citizens in all fields of its citizens, as well as giving citizens the including politics, especially for Indonesian opportunity to participate in government, women. especially women. The concept of the rule of law experienced In State Republik Indonesia can not be significant development, namely : separated from the influence of culture, the a. The existence of a state government activeness of women in politics, very system based on popular sovereignty; dependent on men understanding of human b. Governance is based on law; rights and gender equality. Policies that lead to c. The guarantee of human rights which is gender justice, cannot necessarily be realized, the right of citizens; even though women's political rights have been d. The distribution of power; recognized in the Constitution, because of e. A judicial system that is free and various aspects, including : aspects of independent, impartial and cannot be democracy itself, representation of women, influenced by anyone, both institutions both in the management of political parties, to and individuals; becoming members the legislature, there has f. There is an active role or community been no significant increase, does not yet participation in the implementation of reflect the representation of women in policies made by the government. proportion to the total population of the The equality of political rights between Republic of Indonesia. Implementation and male citizens and female citizens must indeed fulfillment of women's human rights in be guaranteed in the Constitution, because this Indonesia, through the number of female right is a part of human rights that comes from personnel, both as legislative members, and as God, and is universal. party administrators . Law No. 39 Know n 1999 abo ng Human There are limitations to the Rights, Article 45 mengat a right : ' the rights of representation of women, apart from time and is adal ah human rights , so it is financial constraints of women, therefore, this clear that there is no distinction of sex in representation of women is a 'key ' so that human rights including the human rights field women must be able to leave the traditions and of politics' . culture of the past, and at the same time try to The state must not discriminate against improve their capacity, so that able to compete the rights of its citizens, but must obtain the with male kaun, openly. same treatment and treatment and must not be The development of women's affected by differences in color, race, religion representation experienced a downturn and gender. Value - the value of human rights (ranging from 20 percent); through the in das a paint a mixed picture for prioritizing opportunities available, it is expected that the universal freedom and equality. participation of citizens, especially women The essence of human rights is inclination citizens. towards the State's obligation to protect the The existence of women's representation, principle of preventing the possibility of with this 30% quota, we should use to increase deprivation of these rights, therefore, through a the quality of representation, so that it can gain constitution that has the highest position and

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NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 the trust of the community, especially those of 30% , but internal constraints still dominate related to suffrage. women, so that the government's efforts d The fulfillment of women's rights natural fulfillment of the rights of citizens n Indonesia political field through the egara is still limited to legislation. representation of women in 2008 (prior to the Similarly, his case on political parties, General Election tahun2009) in the there are still many political parties that have management of the central level at 9am (nine) not se how serious provides an opportunity for p party politic, have increased significantly. women u n t uk take charge even to be This shows that the active role of women in candidates for legislative, kare na dominance of government especially in politics has been members of the party in control of men. quite expressive. An amendment to the 1945 Constitution The amendment to the 1945 Constitution, of the Republic of Indonesia, which provides a which further emphasizes the substance of the change in political structure that is highly rule of law in the field of protection of human dependent on the willingness of the party with rights, has opened opportunities for women to the most control over political resources, both participate actively in government and no according to real politics and the constitution , longer as second-class citizens, because they namely the President (Mahfud, 2010). have the same rights and obligations and Women's rights related to women's positions as the men without distinction. representation in politics, especially at the The embodiment of the State's obligation national level at the regional level, and also in to provide protection to the basic rights of its the management of political parties at the citizens, through legislation including: Law regional and national levels are still low, not Number 2 of 2008 concerning Political Parties. fulfilling the 30% quota, even though the However, based on data received by the benchmarks for women's involvement in author from the Provincial Election politics and government, has not shown Commission, after the 2009 General Election, significant progress. there was actually a decrease in the The activeness of women in the political representation of women in the management field is indeed very late, so that the political of political parties. field is dominated by men, and in the end many This fact shows that obtaining a quota of decision-making and policies are not in favor of 30% cannot guarantee the realization of women or detrimental to women. women's representation in proportion to the Support from the government, is still total female population in Indonesia. limited to laws and regulations, not yet to the This is because there are still obstacles socialization of changes in the mindset of the that cannot be overcome, related to the socio- community that is rooted in culture and an cultural life that exists in Indonesia, as well as understanding of democracy that is still not the embedded understanding that women are deep the second citizens and the position of women Increasing women's representation in who are needed in the family. politics does not happen quickly, but through In addition, the most decisive is the continuous struggle for the achievement of internal constraints of women themselves. equality and justice in society. Invite basic law the Republic of Indonesia Women's representation spread among in 1945 , does not provide restrictions on factions in the House of Representatives (DPR) representation peremp uan by granting a quota has not shown significant progress, so women's

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NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 representation in the House of Representatives carry out formal supervision - binding is smaller than men, which results in women's (Mariana, 2008). involvement in public services being also small, Henry B. Mayo's opinion: ' a democratic especially in decision making and policy. This political system is a system that shows that has an impact on the lives of women in general, public policy is determined on the basis of a even though women are citizens who must be majority by representatives who are effectively involved in government in order to improve monitored by the people in periodic elections the overall quality of Indonesian people. based on the principle of political equality and Determination of the 30 % quota for held in an atmosphere of guaranteed political women's representation, is an opportunity for freedom (Mahmud, 1984) . women to be more involved in government as Through the Constitutional Court citizens who have the same rights and Decision No. 22-24 / PUU-VI / 2008, has obligations as men. Based on data from the changed the premises proportional system n Provincial Election Commission, women's the list enclosed in Law No.10 of 2008 on the representation in various commissions in the General election, becoming the stem Council Parliament is still dominated by men, proportional to the open list, it would mean i though in Law - Law No. 2 of 2008 on Political that the Constitutional Court has parties has been set penalties for political mengembaliikan sovereignty in choosing parties which do not meet the 30% quota for legislative candidates by determining the women in the management of the party. election of candidates for legislative members As for the representation of women in based on the acquisition of the number of votes parliament, more evenly distributed in , with the most votes system . In addition, this commissions, and closer to the representation regulation also provides a new obligation for of men, this shows that the representation of political parties to place the people's this equitable capability, indirectly has been a sovereignty as a fundamental principle in progress of the realization of the principle of democracy and provide support for affirmative democracy in the Republic of Indonesia. action, among others by giving small numbers Public participation in issues of women's to female candidates so as to increase the representation is associated with several likelihood that female candidates can be problems, among others: the growing political elected as legislators f. culture has not sepenuhny a democratic, Democracy demands a system of whereas the government's efforts have been representation that allows groups - groups in done in many ways, still have not been able society to be represented, and in fact member understanding of democracy to the Indonesian women are the key to people. democratization , meaning that Indonesian In addition, there are no regulations that women have great potential in coloring provide opportunities for the community to democracy in Indonesia, because the number of exercise supervision over the imposition of a women warrants is very large. 30% quota for these women, even though To be the key to this democratization, sovereignty is in the hands of the people (men women must be able to leave the traditions and and women). culture of the past, and at the same time must There are several problems faced by the increase their capacity, and be willing to community so that it is difficult for them to compete with men openly.

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NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 The constitutional basis for equal position in the Republic of Indonesia, will be between men and women has been stipulated accomplished in accordance premisesn will in the 1945 Constitution of the Republic of holder sovereignty of the country namely : Indonesia Article 28 D paragraph (1): People. 'everyone has the right to equal treatment The low level of representation of women before the law (equality before the law); in in parliament and in public positions, give the paragraph (3) also stipulated: 'every citizen impression that women in Indonesia have not has the right to have the same opportunity in been able presenting itself in the community, government'. the nation and the State are berasaskan The political foundation for women's democracy. As a result, many women's involvement in political parties has been interests neglected , because lack of regulated in Law No. 2 of 2008 concerning representative of women in decision-making Political Parties - Article 8 paragraph (2) letter and policies related to women's interests, e; ' Menyert a right of at least 30 % to women's resulting in injustice to women , whereas the representative at stewardship of party politics purpose of the law is to create justice, the central level. especially again the Republic of Indonesia is a Likewise in Law No.8 of 2012 concerning State of Law which has a Constitution just and General Election of Members of DPR, D PD and democratic. DPRD - Article 53 paragraph (2) : 'in the list of Transparency in the nominating and nominees as referred to in paragraph (1), every giving small numbers to female candidates is 3 (three) nominees there are at least 1 (one ) indeed not explicitly determined, so that it prospective ; and the 30% quota for appears to underestimate the ability of women legislative nominations is confirmed again. in politics and also narrow the space for Although sociologically, the number of women in politics, especially in parliament. women is greater than men, but the Other factors influencing the involvement and representation of women in representation of women in this parliament, the political sphere is very low, this is due to are internal women themselves, who are still the low financial capacity of women. bound by culture and tradition, who normalize The main problem is : the people's men, so women do not want to study politics representatives must fight for the rights of and are reluctant to compete with men in those who elect the people's representatives. fighting over parliamentary seats. because of This 30% quota for women's lack of confidence. representation basically opens the way for Compared with other countries, for women to occupy the position of people's example : Islamic State of Iran, has recognized representatives in parliament. 2 (two) fundamental rights in women's The representation of women in political rights, namely : the right to vote parliament since the first general election in (right to vote) and the right to run for 1955 has experienced ups and downs (ranging election (right to stand for election), even from 20%), from the number of members of though in reality women are still a parliament, even though there are quite a lot of marginalized group in the political world and women who have better intellectual abilities this phenomenon is almost evenly distributed than men. throughout the Islamic State. Even in Islamic If the increased representation of women countries in Arabia and Asia, through research, can be maintained, then gradually democracy there were found many gender inequities

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NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 (gender in equality) , due to the politicization experiencing a gradual and continuous of religion and cultural factors, giving rise to increase in the fight for gender equality. unjust and patriarchal rules. Whereas in It is necessary to hold political education European continental countries, there is no for Indonesian women so that they can 30% quota requirement for women's participate more in the political sphere . representation, such as in Italy and the Socialization and understanding of democracy Netherlands which sets special rules for this activities also need to be held, while at the quota, In the UK, also does not set this 30% same time placing the people's sovereignty in quota. the right position because the people's will is In parliaments on the European manifested in the representation of women in continent, voting is done for this women's parliament. Discussion activities with men are quota, but the success of an activity does not needed in understanding cultural and depend on the quota, even the quota can be traditions that prioritize men, so that men can misused or used to get rid of other candidates. provide opportunities for women in their The candidate numbers are political family members to be active in the political commodities that are often contested by sphere. candidates the legislature, there is even the possibility that nominations based on serial REFERENCES numbers, become collateral and nepotism, as 1) Kuswanto, Constitutionality - Simplification well as opportunities for corruption in this case of Political Parties (2016), Setara Press, the authority of the parties to determine the Bandung . serial number of legislative candidates. 2) Mariana, Dede, The Dynamics of Democracy Efforts to increase women's and Local Politics in Indonesia (2008), AIPI, representation in parliament, through Bandung. affrimative action, can realize gender equality. 3) Mahfud, MD, Legal Politics in Indonesia This effort must be made from the highest level (2010), PT. Rajagrafindo Persada, Jakarta. to the lowest level, so that the percentage of 4) Mahmud, Amir (1984) , Democracy, Law women representatives in public positions is and the Role of the People, PRISMA No. 8, greater, so that significant changes occur in LP3ES, Jakarta decision making and policy.

CLOSING: The normative political rights of Indonesian women have been fulfilled, in various laws and regulations in Indonesia , starting with the Constitution, namely the 1945 Constitution of the Republic of Indonesia, Law No. 3 of 1999 concerning Human Rights. The development of women's representation in parliament shows progress, even though the 30% quota has not been fulfilled. The affirmative action effort is to support the fulfillment of the 30 % quota ; thus

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