GENDER EQUALITY VIEWED FROM A NORMATIVE AND SOCIOLOGICAL PERSPECTIVE

GENDER EQUALITY VIEWED FROM A NORMATIVE AND SOCIOLOGICAL

PERSPECTIVE

Reno Alman

Arizona State University

Course

Professor Fendry

May, 2024

Week 2

Introduction

The problem of gender equality is never ending and has always been an issue in all

fields of life, and this is not only the case in the State of Indonesia, but it is already in a broad

scope, meaning that every country is also fighting for justice in gender equality without

discrimination, in treating or providing the rights of everyone. Actually there is already a

legal basis in guaranteeing the rights or opportunities of men and women without any

difference in all aspects of the existing field of life, and the legal basis in question has been

outlined and has been seen in the Declaration of Elimination and Violence Against Women1

which was made and ratified in 1993 by the United Nations, but it is unfortunate that the

existence of the declaration is not understood and recognized by the Indonesian people, so it

is rarely used as a guideline and reference in solving any gender-based problems.

Gender and the problems that exist in it are not discussing the sex of women and men

but how to have equality between them without any differences, get justice and equal rights

between the two, by nature men are considered stronger than women, it can be interpreted

that men can provide protection to women, while women can provide their gentleness to the

men and also to their children. But what actually happens is that with gender injustice and

differences instead of bringing the two sexes closer together, but the opposite happens,

women are often victimized, both victims in domestic violence, sexual harassment, rape and

so on, which in essence discriminates more against women, even though now is the age of

women's emancipation, meaning that a woman should no longer be colonized, free of her

rights and cannot be limited by anything and under any circumstances2 .

Women and men deserve the same rights, there are many rules that regulate the equality

of gender, and not only that, men and women deserve the same rights, the State, Government

and Law have protected their citizens in getting the existence of their rights, a woman at least

not only given freedom in exercising her rights, but at least get protection from the law,

protection to always be guarded so that there is no arbitrary action by anyone towards

women, and not allowed to treat women incorrectly by being rude or indecent, because after

all there must be mutual respect and respect between one another without seeing any

differences3 .

Respect and recognition of gender equality actually has to start early, from the

beginning and must be instilled since childhood by explaining that men and women are

creatures of God Almighty's creation, so they must take care of each other and not allow

harm or irritation. Recognition that requires legal protection for women can be interpreted to

mean that the rights of each person will always be safeguarded, in other words, allowing or

allowing them to exercise their rights but not to violate or conflict with the rights of others.

Although basically, there is already protection of gender, but in practice there are still many

deviations that exist, both in the realm of the smallest scale, namely the family and even at

the top level, it turns out that women's rights are still limited, still get a place that can be

considered not fully, not only for women but can even have an impact on children, because

women and children are still very vulnerable to violence, inhumane treatment they often get,

not fully the rules that exist in their favor4 .

For example, there is an assumption that if there is a problem that cannot be resolved or

solved, then women will cry on the contrary if the male party resolves or solves the problem

with a cool head, without having to cry, this assumption means that women are very weak

and whiny in resolving existing conflicts, This situation is often said that women are very

weak and vulnerable, not only that, there is also an assumption in the existing society that a

woman or woman goes to high school but ends up going to the kitchen too, becoming a

housewife, so that it can be interpreted that there is still a public perception that sees a woman

as more dominant in taking care of her husband, children, and household than getting a high

education.

Whereas the times are not like before, everyone whether male or female must get the

highest education possible, meaning that everyone has the right to achieve success, has the

right to education and teaching, no one should get in the way, because women also want to be

independent, and smart as well as others, so acts of discrimination, intimidation or threats are

not allowed because it is contrary5 to gender equality and is also a violation of the law,

therefore gender equality is the right of everyone to get their rights.

Based on the introduction above, the problem formulations to be studied are as follows:

"How gender equality is viewed from a normative and sociological point of view, and how

are the obstacles or obstacles in gender equality".

Research Methods

This research uses normative juridical, namely by examining literature or books along

with existing laws and regulations, which are related to the problem to be studied, while

techniques in collecting legal materials are carried out by primary, secondary and tertiary

means and legal material analysis techniques with literature studies by searching for existing

legal materials, namely by collecting existing legal materials, and the next step is to map the

legal materials in accordance with the existing subject matter6 .

Discussion

Gender Equality

The term gender raises a variety of different interpretations, where the word gender in

Indonesian terms comes from the English "gender" which is defined as sex,7 and refers to the

opinion given by Mansour Faqih, giving the meaning that gender is a trait that is inherent in

women and also in men where it can be constructed both culturally and socially. For

example, women are seen and seen as very emotional, also beautiful and also weak and so on.

Meanwhile, men are seen as strong, rational, manly and powerful, and cannot be whiny or

cry. Traits and characteristics are interchangeable and changes in traits and characteristics can

occur from time to time and also from place to place, even possibly within different classes of

society8 .

Literally, what is meant by gender equality is an equality of conditions that exist for

men and women to get their rights as human beings, and also be able to play a role and also

participate both in all activities in the aspect of the political field, also in law, the economic

field, as well as social and cultural, also in education and aspects of national defense and

security as well as equality in enjoying development and its results. The realization of gender

equality is certainly characterized by non-existent discrimination, both among women and

men so that they can have access, participate widely and have the opportunity, control and

also obtain equal and fair development benefits. The various indicators in gender and equality

are as follows:

 Access; opportunity or chance to use certain resources. Considering and also taking

into account how men and women get these resources equally and fairly, in the field

of education there is a scholarship program, which is given fairly and equally

between men and women to get it.

 Participation; The aspect of participation is participation in a particular group or

person in decision making. Here it can be seen that women and men either have the

same role or not in making a decision.

 Control; control or also authority or power in making an existing decision. Position

holders in certain cases can be seen as gender-dominated or not.

 Benefits; are benefits or uses that can and are also felt and enjoyed fully and

optimally. Where in the decision that has been taken by the school can provide a fair

and good and equitable benefit for men and women9 .

Gender Equality in Normative and Sociological Perspectives

When referring to the normative view, it means that gender equality is based on

applicable rules and norms, where a person's attitude is more guided by loyalty, loyalty, and

rules and rules that apply in their environment. The angle in a normative view provides an

understanding that there are rules that bind a person not to deviate or violate a predetermined

rule or norm. 10Obedience and loyalty are shown by sticking to existing principles, where

these principles are adopted in a legal regulation, which is based on justice, legal certainty

and legal expediency, and these principles are reflected in the rules set by the state, and if

violated, sanctions will be imposed on those who violate them.

Equal rights between men and women have been sought for all to get what is their

rights and the existence of preventive and repressive legal protection, where preventive legal

protection emphasizes the opportunity given to the people to object before government

decisions get a definitive form, while repressive protection is a form of legal protection that is

more aimed at resolving a dispute that arises11 .

Loyalty and sticking to existing norms or rules, also means an attitude of law-abiding

and self-aware of the existence of equal rights between one another, legal awareness that

arises due to an attitude to need each other, respect and uphold human rights, and fully realize

that everyone not only has advantages but also has shortcomings in themselves, consistent

and sticking to life principles and knowing that there are already binding rules for not doing

things called criminal acts or criminal acts12 .

Conversely, if you do not obey the law and violate the rules of law or commit acts that

are considered to be included in the realm of criminal acts, of course, you will be given a

punishment in accordance with your mistakes, in this case committing a crime acts or

suffering that result in someone being injured, disabled, paralyzed, even death and proven to

have occurred a criminal offense, torture, beatings or causing suffering will be punished,

there are articles that regulate it in the Criminal Code (KUHP), as well as threats of

punishment in the form of imprisonment and fines13 . To declare that a punishable act or

criminal offense has occurred, in addition to the existence of existing evidence and evidence,

the elements of a criminal offense have been fulfilled, namely:

 Subjects, referred to as subjects are people (person) and also Corporations (legal

business entities or legal entities).

 Error, referred to here, is due to dolus (intentionality), intentionally committing a

criminal offense there is an intention and has also been planned, while culpa

(negligence), lack of care, due to lack of care or negligence can cause someone to

suffer illness, disability and death.

 Unlawful, contrary to existing legal rules, or not in accordance with a prohibition or

necessity in law and attacking interests in law, and the word against the law is always

included in the formulation in the offense.

 These actions have been regulated in a regulation, every act or action that violates a

rule of law, and results in bad feelings, loss, suffering and victims, of course there are

rules that regulate it, according to the actions committed either intentionally or

unintentionally, and it takes the name of proof to claim whether the perpetrator is

guilty or not.

 The existence of time, place and circumstances, known as locus delicti and tempus

delicti, when the act or action is carried out where the place or area is and what time

it is done and what is the condition of the perpetrator whether an adult or a child,

whether in good health or mentally disturbed, seeing the condition of the

perpetrator14 to be able to hold him accountable if proven to have committed an

offense or crime.

While the point of view if viewed from a sociological aspect, namely seen from the

aspects of society, laws that live in society, social institutions, and social institutions, namely

addressing that in gender equality it dominates men are stronger than women so that men

with that strength become protectors of women, where the birth or existence of gender

equality in society, assumes that society must have equality or equality of rights, and justice

and legal certainty to be able to enjoy together the results or fruits of an existing

development, and everyone can participate in their participation in development without

pressure or intimidation.

Some people realize the need for justice in gender, especially in the smallest thing,

namely the household, a household based on gender justice and equality, namely each of

them realizes their existing duties and responsibilities, violence or conflict in the household

can be avoided if there is mutual understanding, responsibility, mutual understanding and

understanding of each other's roles, harmony, fairness, permanence in fostering a prosperous

household.

Roles and responsibilities and realizing it, it can be said that the fulfillment of rights can

run as it should, but forms of gender inequality in society can occur if the male party

dominates all aspects of the field of life, and most importantly eliminates the thought of a

patriarchal culture in all aspects of life, but there are also those who consider gender equality

to be dominated by men, because they consider women to have limitations, so that men are

considered capable and can overcome all existing problems15 .

However, with all the limitations that exist, it does not mean that women also have their

own rights, everything is returned to the personality of each individual in order to create a

sense of peace in society, if self-awareness does not exist, then do not realize their

responsibilities and roles, gender inequality will arise in aspects of the field of life.

Constraints/Barriers to Gender Equality

Gender equality so far still has obstacles or namely :

 Lack of Access to Education

Both men and women should get a high level of education, but because of marriage, women

are required to take care of their household or family, resulting in no longer being able to

continue their education to a higher level.

 Early Marriage

This marriage can occur due to a lack of family supervision, as parents so that their children's

promiscuity, getting into debt and selling their children, even the assumption that by

marrying off their children, the parents' responsibility is finished, there is no or growing

awareness in themselves, there must be a change in mainset in thinking.

 The threat of punishment for perpetrators of domestic violence is considered light

Increasingly rampant violence against women, both in the household and outside the

household, some are afraid and do not dare to report but some prefer divorce rather than

report to law enforcement officials, besides that the threat of punishment is considered light

by victims and most of them are resolved by deliberation or mediation16 .

 The lack of access to women in decision-making and full participation in politics and

government in the community can also be considered as gender inequality, because everyone,

both men and women, have the same rights in all aspects of politics and government.17

Conclusion

Gender equality from a nomrative point of view based on the rules and norms that apply

in society and implemented consistently while the sociological one is based on the

perspective of the society that considers that gender equality can be implemented if there is

equality of rights, justice can be fulfilled and implemented.

The obstacles in the implementation of gender equality are the lack of access to

education, early marriage (young age), the threat of punishment for perpetrators of domestic

violence is still considered light and there is still limited access for women to participate in

decision-making in politics and government.

Gender Equality

The term gender raises a variety of different interpretations, where the word gender in