You are on page 1of 19

CHAPTER I

INTRODUCTION

I. Background of Study
Women are considered second-rate creatures lower than men. Even with all its
limitations, women are considered not human. According to the investigation of
scholars in the West, the women in this world from the past until now have passed
through three different levels of thought and philosophy, which are humiliating,
deifying and generalizing.
Discrimination of women that occurred in Indonesia a few years ago had also
experienced in the Middle East. Like the city of Makkah which became the place
where the last Prophet Muhammad came down. The situation of women at that time
was really pathetic, a man when having girls just feel ashamed and wrath that ended
burying her baby daughter alive.
Discriminatory views of women also occur in the West, as contained in the
book World Civilizations, illustrating how Western cruelty views and treats
women. Until the 17th century, in Europe, women were still regarded as devilish
incarnations or tools for demons to tempt men.
The exposure of the stories of women figures above is proof that in history
women have their helplessness. It makes the number of women empowerment
groups in the current democracy era.
Empowerment is often used in the context of struggle, for them the struggle is
the struggle of women. Empowering women themselves, has been done in several
aspects, in terms of politics, employment, salary, and others.
In the political field, the government itself has issued Presidential Instruction
No. 9 of 2000 on Gender Mainstreaming which is an indicator that women also
have the opportunity to actively participate in development including gender-based
political development.
In the 2009 elections, legislation has set a 30% quota of women for political
parties in determining their legislative candidates. Therefore, women are now
protected by their rights and there has been much empowerment in many respects.

1
From the above explanation, the author is interested to create a paper entitled
"Empowering Women in Perspective of Human Rights and Democracy".

II. Formulation of Problem


1. How to empower women through strengthening women's rights?
2. How is the urgency of affirming the rights of women?
3. How is urgency to political education for women voters?
4. Are women's political rights included in human rights?
5. Does the government need to protect women's rights with the law?

III. The Purpose


1. Describe how to empower women through strengthening women's rights.
2. Describe how is the urgency of affirming the rights of women.
3. Describe how is urgency to political education for women voters.
4. Describe are women's political rights included in human rights.
5. Describe does the government need to protect women's rights with the law.

2
CHAPTER III
DISCUSSION

1. Empowering Women through Strengthening Women's Rights1


What is meant by women empowerment? Empowerment of women has a
meaning where women make a movement of themselves because of a challenge
that it faces (Grace F. Keiyuciving).2 Women's empowerment deals with the rights
women have in relationships or relationships with men, which often cause
problems.
Is it in relations between men and women, women's rights as described in some
feminist theories can be realized? Essentially, there is no discrimination between
women and men, meaning that a woman can decide on her own or have autonomy
related to family, society, nation and state.
Compare with the feminist notion of Ihromi which is a school of thought based
on an awareness of the conditions in which women are not treated equally with men
and in connection with it is necessary to make efforts to fight for the abolition of
discriminatory treatment.3
Grace and Ihromi implicitly want to try to give understanding about the
empowerment of women, from which angle perspective will be developed. Grace
conducting research in the African region (developing country), in its country
development program uses the framework of an activity, for an empowerment, after
analyzing the situation and the impact it has on women. Grace's research on rural
women in the western region of Nile (Uganda) since 1986 in 4 (four) districts, Arua,
Nebbi, Mayo and Adjumani. Four Sudan (North) and Congo 1 (West), who have
been waging war because of the change of government which resulted in the
government's unstable. The population consists of refugees from Sudan and Congo.
The result of Grace's analysis, would be a comparison for women in Indonesia

1
Sutarti Sudewo, SH, Asisten Deputy Gender
2
Grace F. Keiyuciving, adalah seorang Bachelor Social Sience dari Makerere University, Kampala
(Uganda) dan Manager Women Empowerment Programme (West Nile).
3
T.O. Ihromi :Otonomi Wanita, Sejumlah Studi Kasus di Jakarta dalam; Antropologi Indonesia,
No 50 ThXVI Sept-Desember 1992, p. 8

3
whose situation and condition can be analogous to the current situation and
condition in Indonesia.
What was written by Grace, who applied the program for women's
empowerment using the framework of Sarah Longwe, a consultant from Zambia on
Gender and Development Issues, using 5 (five) indicators.4
The five indicators are :
1. Welfare
Women's welfare in relation to men can be seen whether women have
access to equal access to resources such as food, income and health care.
2. Acces
Women have equal access to men in factors of production, eg in the fields
of farming, employment, credit, training, marketing facilities and public
services. All of this is supported by the availability of legislation and non-
discriminatory practices.
3. Conscientisation
In this case Longwe explains the knowledge of the understanding of sex
and gender, that the role of gender is the result of culture and it can be
changed.
4. Participation
Longwe means participation here is in the process of making decisions
both in making policy (Policy making), planning (Planning) and
administration. This is very important in the Development project. 6. Control
Equality in control between men and women means that men and women
have no dominance. Women can oversee the policy process through
knowledge and movement to achieve equality in controlling all factors of
production.
From the entire legal system of human rights, we can find the types of women's
rights contained in the legal system. Types of women's rights exist, among others:
a. Women's Rights in Politics

4
Grace on his book The Challenge of Empowering Rural Women, yaitu : Empowerment
Framework Indicates five levels of equality and explains the exelent to which women are equal to
men, and bath can be empowered dalam buku, Voices for Change, book-project in Women
Management 1998, Printed by Elanders novum AB, Gotherburg 2001

4
Some fiqh experts and comparative law experts argue that it is important
to have equal rights between men and women in the use of political rights.
Because, the public interest and right practice want it. Women are half the
population. They have the same interests as the interests of men. Therefore, the
equality between the two must be realized in regulating the general affairs of
the state.5
The legal basis for women's rights in politics can be found in international
instruments. Where such rights can be found in the general language of Article
21 of UDH Article 1 and 2, Article 25 of the ICCPR. While the legal basis
more specifically mention the rights of women can be found in Articles 7 and
8 CEDAW, Articles 1, 2 and 3 Convention on Women's Political Rights. While
the basic law of women's rights can also be found in our national instruments.
In Law No. 39 of 1999 on Human Rights, it can be found in Article 46 which
reads as follows: "the electoral system, party, election of legislative members,
and appointment system in the executive, judicative, determined ". Regarding
the representation of women in Law No. 10 Year 2008, there is significant
progress compared to the previous law, namely Law No. 12 of 2003 and Law
No. 31 Year 2002 on Political Parties. Law No. 10 Year 2008 is a follow-up of
the political system on women's representation (in party stewardship) as
defined in Law No. 2 Year 2008 on political parties. In Law No. 10 Year 2008
stipulates that for any Political Parties, can only participate or become
participants of the General Election, it must meet the requirements, among
others, to include at least 30% (thirty percent) of representation.6

b. Women's Rights in the Field of Citizenship


Every human being living in a country has the right to obtain citizenship
in accordance with the country in which he lives.

5
Muhammad Anis Qasim Jafar dkk, terj. Irwan Kurniawan dan Abu Muhammad, Perempuan dan
Kekuasaan (Menelusuri Hak Politik dan Persoalan Gende dalam Islam), (Bandung; Zaman Wacana
Mulia, 1998), p.84
6
Astrid Anugrah, Keterwakilan Perempuan dalam Politik, (Jakarta: Pancuran Alam, 2009), p. 55-
56

5
The legal basis for women's rights in the field of citizenship can be found
in international instruments. Where such rights can be found in the general
language of Article 15 of the Universal Declaration of Human Rights which
reads:
a. "Everyone is entitled to a certain citizenship
b. No one may arbitrarily be excluded from his nationality or denied the
right to change his nationality ".
While the legal basis in international domains using more specific and
specific languages can be found in Article 9 CEDAW, Articles 1, 2 and 3 of
the Convention on the Citizenship of Married Women, Article 1 of the
Convention on the Citizenship of Women. Where from the legal basis can be
seen that a woman has the right to obtain, replace or retain citizenship due to
marriage with a man. And every country of the origin of the woman shall be
able to guarantee the existence of her right.
In the national context, the legal basis of women's rights in the field of
citizenship can be found in Article 47 of the Human Rights Law, "a woman
married to a foreign man does not automatically follow her husband's
citizenship status but has the right to retain, change or reclaim her citizenship .
"The contents of that article when compared to the relevant existing
international settings have similar arrangements. In other words, the regulation
of women's rights in Indonesia is an adaptation of the existing arrangements in
the international sphere. Thus, the guarantee of women's rights is of course
recognized in Indonesia but also internationally recognized.

c. Women's Rights In Education and Teaching


Education is the most important foundation for human life. With
education one can improve the quality of life, both from the quality of reason,
thought, behavior to the economy. And education is certainly obtained by
teaching. Teaching should be given to everyone to get a decent and quality
education. Hence then then every human being in this world is entitled to get
education and teaching, not least for all women. Every woman is the same as
every man has the right to get education and teaching. On that basis then in the

6
international instruments we can find the arrangements that guarantee it. Such
arrangements may be general to all, as well as specific to each woman. General
international instruments are, among other things, to be found in Article 26 (1)
of the Universal Declaration of Human Rights. More specific ones may be
found in Article 10 of CEDAW, Article 13 paragraph (2) of the Covenant on
Economic, Social and Cultural Rights, Article 4 (d) of the Convention Against
Discrimination in Education.7
In addition, the arrangements concerning such rights can also be found
in our national instruments. More general arrangements can be found in Article
31 (1) of the 1945 Constitution. And more specifically protecting women's
rights can be found in Article 48 of the Human Rights Law which states that
"Women are entitled to education and instruction in all types, levels and
educational paths in accordance with predetermined requirements ".

d. Women's rights in The field of Profession and Employment


In relation to women's rights in the field of profession and employment,
there are rights women should have before, during, or after work. The legal
basis for such rights in international instruments can be found in Article 23 of
the Universal Declaration of Human Rights, Article 6 paragraphs (1), 7 and 8
of paragraph 1 (a) and (b) of the International Convention on Economic and
Social Economic Rights, a person's rights to a profession and work that applies
to everyone. And in Article 11 of CEDAW, Article 3 of the Convention on the
Political Rights of Women, it can be found that the protection of those rights is
applied more specifically to all women. In the national instrument on this
matter can be found in Article 76 of Law Number 76 of Manpower and Article
49 (1) of Law Number 39 Year 1999 on Human Rights. Article 49 (1) of the
Human Rights Law states that "Women have the right to vote, to be elected, to
be appointed in employment, occupation and profession in accordance with the
requirements and laws and regulations".

7
CEDAW is the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), signed in 1979 and entered into force in 1981.

7
e. Women's Rights in Health
It should be further noted that what is meant by women's rights in the
health sector is the guarantee of women for more and special protection. In
international instruments, such matters can be found in Article 25 (2) of the
Universal Declaration of Human Rights, which reads "mother and child
entitled to special attention and assistance. All children who are either born
inside or outside of marriage, must enjoy the same social protection ". And in
Article 12 paragraph (1) of the International Convention on Economic, Social
and Cultural Rights, as well as in Article 11 point (f), Article 12 and Article 14
of CEDAW. As for the national instrument can be found in Article 28 H of the
1945 Constitution namely "every person has the right to live a prosperous and
spiritual life, to live, and to get a healthy living environment and the right to
health". The existence of this basic arrangement shows that our country
guarantees every citizen to get health insurance from the state. Especially for
every woman, health protection is guaranteed even more in Article 49 (2) of
Law Number 39 Year 1999 on Human Rights stating that "women have the
right to special protection in the performance of their work or profession on
matters which may threaten their safety and or health with respect to female
reproductive function ".

f. Womens Right to do the Legal Action


Before the recognition of women's rights and the existence of women
equal to men, women are always under male status. This is often seen primarily
in circumstances in which women to perform certain legal acts must obtain
consent or under male authority. It is this situation which then raises awareness
for women that every woman has the same status with men in the eyes of the
law, so that then one of the other women's rights recognized both at
international and national level. The legal basis in this international instrument
on women's rights is generally found in Article 7 of the Universal Declaration
of Human Rights, Article 14 paragraph (1) and Article 26 of the International
Covenant on Civil and Political Rights and specifically in Articles 2 and 15 of
CEDAW. In the national instrument the legal basis for these rights can be found

8
in Article 50 of the Human Rights Law which reads "an adult and or married
woman shall be entitled to her own legal act, unless otherwise provided by her
religious law".

g. Women's Rights In Marriage / Marriage Association


In a marriage occasionally where married couples are forced to have a
divorce or so-called marriage breakup. Upon the marriage breakup each party
of the marriage has the same rights and obligations, especially if the marriage
resulted in the children. In addition, both parties also have the same right to get
a share of property together with a fair percentage.
The legal basis for such rights in international instruments can be found
in Article 9 paragraph (2) and Article 16 (c) to item (g) of CEDAW. And in
national instruments can be found in Article 51 paragraph (1) and (2) of Human
Rights Law which reads as follows:
(2) "After the marriage breaks, a woman has the same rights and
responsibilities as her ex-husband for all matters concerning her children,
taking into account the best interests of the child."
(3) "After the marriage breaks, a woman has the same rights as her ex-
husband for all matters concerning common property without prejudice to
the right of the child in accordance with the provisions of the law".8

2. Urgency on the Affirmation of Womens Rights


The right of women is a woman's basic right to experience as a statement
and affirmation, that the rights are inherent in women. women are also human
beings who are born free and have the same dignity as men so there is no
discrimination in any field. This issue is based on the provisions of Article 1 of
the World Declaration on Human Rights which reads "All persons born free
and have equal dignity and rights". The problem that may arise is whether the
understanding of human rights is the same as human rights because in the
language of origin there seems to be a difference in fixed understanding in the
talk this time is not disputed. What is meant by human rights is generally

8
UU No. 39 of 1999 About: Humans Right

9
defined as the inherent right of our human nature, which if not impossible we
will be able to live as human beings including economic, social and cultural
rights and civil and political rights. Women's rights are meant to be the inherent
rights of women as human beings as well as the preferred men are the right to
equal opportunities and responsibilities to men in all spheres of life. The right
to obtain equal status and treatment with men as intended in the sense of human
rights which includes economic, social and cultural rights and civil and
political rights. The facts show that discrimination against women is still
widely encountered despite various rules and regulations. Just as in Indonesia
since the inception of this Republic is explicitly stated in the 1945 Constitution
on the existence of equal rights and obligations between men and women,
among others Article 27 (1) of the 1945 Constitution, all citizens at the same
position in in law and government and shall uphold such law and government
with no exception. The affirmation of the existence of different processes, or
often referred to as affirmative action, is contained in article 4 of the Women
Convention, which states: (1) The creation of temporary special regulations by
participating countries aimed at accelerating the de facto equality between men
and women shall not be considered discrimination .... and in no way have to
bear the consequences of preserving unequal or separate norms. These rules
are terminated if the purpose of equality in opportunity and treatment has been
achieved. (2) The establishment of special regulations ... aimed at protecting
pregnancy, is not considered discrimination (paragraph 2).9
In Islam the affirmation of women's rights is contained in the letter of Al-
Baqarah: 228

It means: "And women have a right equal to their obligations in a way that
ma'ruf."

9
Doortje D. Turangan, Upaya Pemberdayaan dan Hak Asasi Manusia, Fakultas Hukum,
Universitas Sam Ratulangi, 2008, p.1-2.

10
The above verse is an announcement of the Qur'an concerning the rights
of women. The introduction of their rights to their duties is an assertion of those
rights, and shows how important the right is to be noticed, especially at that
time, in some tribes of ignorant society, women can hardly be said to have no
rights at all. It is on this basis that not a few women feel oppressed. On that
basis, to realize the harakah and independence of women and to preserve their
rights, nature and identity, women must not only feel themselves equal to men
but also more. Women must prove it through their ability in the real world.10

3. Urgency on Political Education for Women Voters


The 1999 election was followed by many parties and people who had no
alternative choice then became confused because they faced many options
while they had never received a political education how to choose a political
party intelligently. Therefore, there is a need for an enlightenment in the form
of voter education for voters, especially from the lowest level or often termed
grassroots groups, both men and especially women. Therefore, women's
political education becomes important in the context of democracy. The
government needs to cooperate with CSOs and NGOs to carry out such
activities.
The purpose of political education is to promote democracy, end the
depoliticization of women, and increase women's political participation,
especially at the rural level where the majority of women are located (Ruslan,
200: 18). The reasons behind the importance of women's political education
are: first, even though Indonesia has been independent for more than half a
century, women in general have not yet understood their basic rights and the
potentials contained in those rights, political; secondly, most women voters do
not yet understand the meaning of democracy and the importance of elections
as a means of building a democratic Indonesia's future, and a more just and
prosperous society and life; thirdly, political education for women has never
been organized in a serious and systemic way. The political structure of the

10
M. Quraish Shihab, Perempuan: dari Cinta sampai Seks, dari Nikah Mutah sampai Nikah,
(Tangerang Selatan: Lentera Hati, 2005), p.479

11
New Order state negated the political rights of women in such a way, both
individually and collectively. As a result, women are depoliticized in an
extraordinary way. The bad impact of the depoliticization process is that
women are particularly vulnerable to mobilization practices, and the majority
of women choose to be apathetic, silent and uncritical in the face of the political
process. Women have the right to choose the public domain in which he wishes
to play his potential role. He is entitled to the benefit of all political activities
undertaken by the state and political parties.
Women are less willing to power when it is perpetuated in society is the
idea of male version of power is loaded with the characteristics of courage,
masculinity, and violence. Therefore, it is time to promote power by the
definition of women. Thus the new definition of power is a combination of the
masculine and feminine qualities that can be achieved by both men and women.
In the future need to socialize a new understanding of power that is not always
nuanced masculine so that women do not have to eliminate elements of
femininity in itself in order to reach power. Women should not reject the
feminine style and then behave as men to power and to be accepted as leaders.
In fact, women when they are in the household or in family life mostly run the
role of power and the role of policy making. Thus, the feminine concept of
power integrates the quality of women with a number of male characteristics
and the two attributes share the same value. In other words, the quality of men
and the quality of women is not contradictory. Because, in the softness and
affection of women, just buried a powerful force. In addition, feminine-style
power includes the idea of empowering others, not destroying others. Instead,
the idea that has been used is that in order to reign, one must be willing to step
on others. Power should be interpreted as the ability to do something useful for
others. For that reason, positions should be interpreted as a means of
empowering others, not destroying or deceiving. The above exposure can be
constructed through organizations that have short and long term strategies to
actually produce resilient cadres, with the fulfillment of several needs
including:

12
a. Women's political cadres must have a base in the community (grassroots).
Here is the main weakness, the efforts of women activists during this time.
The affirmative action that breaks the quota of 30% of women in politics, is
the struggle of women in the upper middle class, without the proper
preparation of cadres to be placed in order to become political fighter. It is
not surprising that the result of this affirmative action is not much different
from the political proportion of women in the 1999 election of only 11%.
b. Women's political cadres, rarely have a community base. Newly known,
because of the election agenda, or because it happens to the wife or family
community leaders. Meanwhile, the potential of women, who dominate the
various fields of society has not been discussed together to strengthen the
political position of this woman. Say it; The dominant number of female
teachers, the dominant number of female dominant students, and women's
recitation groups are usually intense with women's education and the
numbers are quite large throughout the region, especially in North Sumatra.
If only the awareness of this political role came to those groups, and the
existing political cadres were indeed able to take their trust, then the position
of women in politics could be strong, and difficult to shake.
c. Increasing the role of women in every community. The 30% quota is not
only in the legislative position, but it is hastened in community
organizations. In student and student organizations. Of course also in
Government. d. It needs to accommodate a training institution, which
facilitates women's need for practical politics. Training that will be needed
such as a. Introduction to politics (a concept similar to existing political
training) b. Political ideology: for the people c. Strategy; advocacy; budget
analysis; political communication; fundraising. The three basic things that
must be considered in terms of building women's political empowerment
are rights, aspirations and access. Awareness of the rights and importance
of women play a role in politics is the main thing to be built. Political
education of women by community, government and party institutions is

13
very important but it is this part that is often forgotten. The mindset of
institutions of empowerment and institutions.11

4. Womens Right is Human Rights


In particular, women's political rights in the Universal Declaration of
Human Rights are contained in article 2: "Every person shall have all rights
and freedoms set forth in this Declaration without any exceptions, such as race,
color, sex, language, religion, politics or opinion different, national or
community origin, property, birth or other status. "Furthermore, it is stated in
more detail in the International Covenant on Civil and Political Rights articles
25 and 26. The present Covenant has been ratified by the Indonesian
government through Law no. The Declaration of New Delhi in 1997 asserted
that women's political rights should be viewed as an integral part of human
rights. If we recognize human rights we must also recognize women's political
rights. Women's political rights should not be separated from human rights. As
human beings, women are entitled to take part in politics as men. Politics must
involve women and men as subjects. Indeed, every woman, both as a citizen
and as a human being, is aware of their political rights, as well as the potentials
behind those rights (Huda, 2005: 76). The fulfillment of women's political
rights in Indonesia, in addition to referring to international instruments on
human rights, as described, also refers to Indonesia's national legal source.
First, Pancasila as the state ideology. Secondly, the constitution, particularly
the 1945 Constitution of the second amendment result, in articles 28 A through
J on Human Rights), and third in the form of a number of national laws relating
to human rights enforcement. Among them, Law no. 68 of 1958 on the
Ratification of the International Convention on the Political Rights of Women,
Law no. 7 of 1984 on the Ratification of the International Convention on the
Elimination of All Forms of Discrimination Against Women (especially
Articles 7-8), Law no. 39 of 1999 on Human Rights (especially Articles 43, 45-
51), Law no. 29 of 1999 on the Ratification of the Convention on the

11
Bambang Rudi Harnoko, Pendidikan Politik Perempuan dalam Konteks Negara Demokrasi,
Muzanah, No. 2, Vol. 4, 2012, p. 236-242.

14
Elimination of Racial Discrimination, Law no. 23 of 2003 on Child Protection,
Law no. Law No. 23 of 2004 on the Elimination of Domestic Violence
(Domestic Violence), and Law no. 12 of 2005 on the ratification of the
International Covenant on the fulfillment of civil and political rights of all
citizens without exception (especially articles 25-26).With the regulation of
women's political rights as part of human rights in various national and
international laws, it should make sure for women (Indonesia), to develop
themselves and their potential in every political activity to voice the wishes of
women. The belief is built on the foundation that the right to politics is a Human
Rights, meaning the right to politics is a right inherent in every human being
and is the nature given by the creator to all creatures both male and female
without distinction, so this condition should be able to make women feel
confident that there is no socio-political difference with men. So women have
equal roles, access and control to play and occupy the highest positions in the
political arena in order to fight for the interests of women.12

5. Government Needs to Protect Women's Rights By Regulation


Recently, a drafting committee was formed by the Government to draft a
Bill on the Regulation of the Rights of Women. This team was established
based on Decree of the Minister of Justice and Human Rights No.
I.43.PR.09.03 / 2003. The formation of this committee itself is an effort to
fulfill the mandate in the Law on the National Development Program
(Propenas) which calls for the creation of a law on the rights of women. In the
middle of August, exactly 12 August 2003, the committee headed by
Harkristuti Harkrisnowo began to discuss. Quite surprisingly, outside of the
team members from the Department of Justice and Human Rights, only three
members of the committee attended, the number of committees composing 21
people including the chairman of the committee. The committee's decision that
day was equally controversial: it does not take a law to regulate women's rights.
One thing is clear, the Propenas Law was drafted in the early era of reform.

12
Bambang Rudi Harnoko, Pendidikan Politik Perempuan dalam Konteks Negara Demokrasi,
Muzanah, No. 2, Vol. 4, 2012, p. 234-236.

15
Could be, this proposal arises because of a positive spirit to promote the rights
of women who during the New Order manipulated and ruled out. Conversely,
the debating commentators do not need a law based on some arguments. First,
rights specifically related to women have been regulated and to be regulated in
many laws and regulations, including in the 1945 Constitution and its
Amendments. Secondly, if in existing laws and regulations there are articles
that violate the rights of women, then what is required is a revision of the
product legislation concerned. For example the revision of the Criminal Code,
the revision of the Marriage Law, and so on. Third, the rules of promotion,
protection and fulfillment of women's human rights in Indonesia are not
implemented and implemented strictly. For example, Indonesia ratified the
Convention against Discrimination Against Women (CEDAW) in 1984.
Fourth, attributed to the situation today, there is a tendency that the
Government is so eager to draw up a law that protects the people, without
intending to implement it seriously. Fifth, therefore there is currently no need
for a law on women's rights, but the implementation of the provisions on the
protection and fulfillment of women's rights already existing in positive law at
the domestic and international law level, including the synchronization of
legislative products. Sixth, in terms of material, women's rights, the definition
and scope of women's rights are very broad, diverse, and also growing rapidly.
So it is not simple to set in a law, especially if the bill is positioned into an
umbrella law that regulates the rights of women. Seventh, there are
opportunities for legal problems to arise in the setting and implementation. If
this Act is determined later, it will not strengthen the fulfillment and protection
of women's rights, on the contrary. On the other hand, there has been progress
in the fulfillment of women's rights in this country. However, we can not turn
a blind eye to the fact of marginalization and crimes against women's rights
committed by state apparatuses and non-state actors, private entities. Both in
domestic (domestic) and by the corporation. Therefore, the current demand is
not excessive: realizing the fulfillment of women's rights right now. A
legislation on women's rights can be useful if it clearly regulates principles,

16
mechanisms and ensuring the fulfillment of the rights (enforceability). Without
this, his fate will be the same as many laws in this country.13

13
A. Patra M. Zen, Undang-Undang tentang Pengaturan Hak-Hak Perempuan: Apa Perlunya?,
http://www.hukumonline.com/berita/baca/hol8689/undangundang-tentang-pengaturan-
hakhak-perempuan-apa-perlunya, diakses Tanggal 12 November 2017

17
CHAPTER III
CLOSING

1. Conclusion
From the exposure of the material, it can be concluded:
a. Empowerment of women has meaning where women do a movement of
themselves because of a challenge faced (Grace F. Keiyuciving). Women's
empowerment deals with the rights women have in relationships or
relationships with men, which often cause problems.
b. The legal basis for women's rights in the field of citizenship can be found in
international instruments. Where such rights can be found in the general
language of Article 15 of the Universal Declaration of Human Rights.
c. Women's rights are meant to be the inherent rights of women as human
beings as well as the preferred men are the right to equal opportunities and
responsibilities with men in all spheres of life.
d. In particular, the political rights of women in the Universal Declaration of
Human Rights are contained in article 2: "Every person shall be entitled to
all the rights and freedoms set forth in this Declaration without any
exceptions, such as race, color, sex, language, religion, or different opinions,
national or civic origin, property, birth, or other positions.
e. The Government to draft a Draft (Bill) on the Regulation of the Rights of
Women. This team was established based on Decree of the Minister of
Justice and Human Rights No. I.43.PR.09.03 / 2003. The formation of this
committee itself is an effort to fulfill the mandate in the Law on the National
Development Program (Propenas) which calls for the creation of a law on
the rights of women.

18
BIBLIOGRAPHY
Anugrah, Astrid, 2009, Keterwakilan Perempuan dalam Politik, Jakarta: Pancuran
Alam
Eddyono, Sri Wiyanto, 2007, "Hak Asasi Perempuan dan Konvensi CEDAW".
Lembaga Studi dan Advokasi Masyarakat.
Grace, 2001, Voices for Change, book-project in Women Management 1998,
Printed by Elanders novum AB, Gotherburg.
Harnoko, Bambang Rudi, 2012, Pendidikan Politik Perempuan dalam Konteks
Negara Demokrasi, Muzanah, No. 2, Vol. 4.
Muhammad Anis Qasim Jafar dkk, terj. Irwan Kurniawan dan Abu Muhammad,
1998, Perempuan dan Kekuasaan (Menelusuri Hak Politik dan Persoalan
Gende dalam Islam), Bandung; Zaman Wacana Mulia.
Turangan, Doortje D., 2008, Upaya Pemberdayaan dan Hak Asasi Manusia,
Fakultas Hukum, Universitas Sam Ratulangi.
Shihab, M. Quraish, 2005, Perempuan: dari Cinta sampai Seks, dari Nikah Mutah
sampai Nikah, Tangerang Selatan: Lentera Hati.
T.O. Ihromi, 1992, Otonomi Wanita, Sejumlah Studi Kasus di Jakarta dalam;
Antropologi Indonesia, No 50 ThXVI.
A. Patra M. Zen, Undang-Undang tentang Pengaturan Hak-Hak Perempuan: Apa
Perlunya?,
http://www.hukumonline.com/berita/baca/hol8689/undangundang-tentang-
pengaturan-hakhak-perempuan-apa-perlunya, diakses Tanggal 12 November
2017

19