The Adherence of Gender Equality Through the Indonesian Constitutional Court Decision: The Decision-Related Women Protection Rights

Abstract

In Indonesia, several factors cause the emergence of Violence Against Women (VAW): socio-cultural problems, ineffective policy formulation and inconsistency in law enforcement. Apart from that, laws and regulations that still need to be pro-gender equality also contribute to the emergence of violations of women's rights. For this reason, the presence of the Constitutional Court (after this referred to as the MK) in Indonesia as a protector of the constitutional rights of citizens through legal review of the 1945 Constitution of the Republic of Indonesia (after this referred to as the 1945 Constitution of the Republic of Indonesia) makes an important contribution in upholding equal rights between women and men based on the values ​​of Pancasila and the Indonesian Constitution, which guarantees human rights where there is no difference between women and men. This research will describe, firstly, how women's rights are regulated in Indonesian law and, secondly, how the Constitutional Court contributes significantly in protecting human rights, including women's rights. Throughout the twenty years of its existence, the Court has decided cases where, in its legal considerations, it has emphasized the need for equal rights between women and men as regulated in the Constitution. The Constitutional Court's decisions include issues regarding the minimum age limit for marriage for girls, protection of personal property rights in the division of assets in divorce, and so forth.