EXAMINING AFFIRMATIVE ACTION IN PERSPECTIVE OF LAW AND GLOBALIZATION IN INDONESIA Ristina Yudhanti, Adi Sulistiyono, Isharyanto
Doctoral Progamme of Law Sciene Law Faculty, Sebelas Maret University
Abstract
Globalization is a global process which is unavoidable by everyone who wants to interact with the international world because those who avoid it will be isolated from the advance and even from the international association. Globalization as a must gives big impact to the human life including the political, economical, social-culture, and legal impacts. Law is never sterile from the aspects outside law, because law is always dynamic and will follow the society’s development. When the Globalization era emerges, law also follows the rhythm of the latest era.
The interesting thing is that law and globalization is related to the emergence of the movement of awareness on the gender equality in all over the world. The movement which was pioneered by the feminist movement in all over the world wanted Human Rights equal Woman Rights. The existence of CEDAW Convention which was later ratified by the Indonesian government.
Gender equality is a hard-struggle of women in reaching the global commitment on the respect of Human Rights. Gender inequality is very apprehensive especially in the developing countries in the world. Inequalities in politics, law, economy, and social cause the low level of participation of women community and relatively have not raised their function as the balanced competitor compared to the men community and the social construction that has a significant influence on the gender inequality.
Gender equality is a global movement as a reflection on the inequality against women. There is a stereotype or a negative labelling that views women are lower (subordinate) than men. Even, many myths and beliefs that cause women are often viewed from merely sex aspect, not from their ability, opportunity, and human aspects universally, that is as human being who has intelligence, logic, feeling, and equality before the law. In the political field, the determination of representative target (quota) is as much as 30% for women in the candidacy of Members of The House of Representative in central and regional that aims at knowing the correlation between the woman representation in the parliament and the process of public strategic decision making. It means to see whether the affirmative policy functions effectively and is not only formality. Therefore, it caused an obstacle in struggling the strategic issues in the parliament, although the participation of every member of the house of representative is open democratically in every strategic decision making.
