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Whendy Brasilianna; Wieke Dewi Suryandari; Mohamad Tohari

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Discrimination in the workplace is a problem that can hinder the creation of a fair and inclusive work environment. Discrimination can take the form of differential treatment of employees based on gender, race, religion, disability, sexual orientation, or other factors unrelated to individual performance and competence. To address this issue, the law plays a crucial role in providing employee protection to ensure equality and non-discrimination in the workplace. Various legal instruments, both national and international, regulate employee protection from discrimination, including the Employment Law, the Human Rights Law, and conventions issued by the International Labour Organization (ILO). However, the effective implementation of these regulations remains a challenge, particularly in terms of implementation, enforcement, and employee awareness of their rights. This study aims to analyze the role of law in protecting employees from discrimination in the workplace by examining applicable regulations and the challenges in their implementation. The research method used is a normative juridical method, which focuses on the study of relevant laws and legal principles. The analysis is conducted on national legal provisions and international legal instruments as references for protecting workers from discrimination. Furthermore, this study identifies barriers to legal implementation and offers recommendations to improve the effectiveness of legal protection for employees. This analysis is expected to provide insight into the urgency of regulatory reform and strengthening so that the law can play an optimal role in creating a fairer and more discrimination-free work environment.

Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Mario Silitonga

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection of women's inheritance rights from the perspective of Indonesian civil law. The problems studied focused on the position of women as heirs and the extent to which the legal system provides guarantees of justice and equality. The research method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of legal regulations, doctrines, and court decisions relevant to inheritance issues. The results of the study show that normatively, civil law provides equal recognition of women's inheritance rights, especially in the Civil Code. However, in practice, there are still obstacles influenced by patriarchal culture and customary law that tend to place women in subordinate positions. This condition causes women to often experience difficulties in claiming or obtaining the proper share of inheritance. Therefore, it is necessary to strengthen regulations, harmonize national laws with the value of gender equality, and increase public legal awareness to ensure effective and fair protection for women in obtaining their inheritance rights.

Zul Khaidir Kadir

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines honor killing in North Africa as a form of gender-based violence rooted in family honor, patriarchal control, and social change that has not yet produced a stable new order. The research employs normative legal methods through statutory, case, and comparative criminal law approaches across three representative jurisdictions, namely Egypt, Morocco, and Tunisia. The primary legal materials include criminal provisions on homicide, adultery, mitigating excuses, and the protection of women, with particular attention to Article 237 of the Egyptian Penal Code, Articles 418 and 491 of the Moroccan Penal Code, the repeal history of Article 207 of the Tunisian Penal Code, Article 236 of the Tunisian Penal Code, and Law No. 58 of 2017 on Eliminating Violence Against Women. The findings show that honor in this region operates as a social mechanism for regulating women’s bodies, sexuality, mobility, and life choices, reinforced by community pressure, reputational stigma, and family-based moral legitimacy. Social transition does not remove this logic; instead, it reshapes conflict and diversifies forms of control, ranging from threats, confinement, coercion, and the criminalization of sexual morality to homicide itself. On the legal plane, Egypt and Morocco still retain norms that soften criminal responses in certain situations linked to adultery, whereas Tunisia has moved in a more progressive direction by abolishing explicit mitigation and strengthening protection for women, even though the regulation of sexual morality has not been fully abandoned.

Amealiea Prihatiningsih Malandy's; Ria Amelia; Ika Arinia Indriyany

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Women’s representation in legislative institutions is an important indicator for assessing the quality of democracy and gender equality in a political system. Indonesia has implemented an affirmative policy requiring a minimum quota of 30% female candidates in legislative elections. However, its implementation at the local level still faces various challenges. This study aims to analyze the phenomenon of tokenism and the forms of women’s political representation in the nomination and election process of members of the Cilegon City Regional House of Representatives (DPRD) for the 2024–2029 period. This research employs a qualitative method with a descriptive approach using literature review and secondary data analysis. The analysis is based on Hanna Pitkin’s theory of political representation, which categorizes representation into four types: formal, symbolic, descriptive, and substantive. The findings show that only 4 out of 40 seats in the Cilegon City DPRD are occupied by women, representing approximately 10% of the total membership, and this figure has remained unchanged compared to the previous period. This condition indicates a gap between the fulfillment of the female candidate quota at the nomination stage and the low level of electoral success. Furthermore, the political recruitment process within parties also reflects indications of tokenism, where female candidates are often included merely to fulfill administrative requirements without sufficient political support. As a result, women’s representation in the Cilegon DPRD tends to remain at the formal and descriptive levels, while substantive representation remains a challenge in local political practice.

Tri Nurul Aida; Siti Dina Setiani; Ika Arinia Indriyany

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze gender-based political violence in the 2020 Regional Head Elections in South Tangerang City and its impact on women’s representation in politics. The case analyzed involves social media attacks against Rahayu Saraswati Djojohadikusumo during her campaign for Deputy Mayor, in which an old photo of her while pregnant was used as material for sexually charged attacks. This study employs a qualitative method using a case study approach through literature review. The analysis utilizes Kate Manne’s theory of misogyny, which views misogyny as a social mechanism within the patriarchal system to control and discipline women entering the public sphere. The results of the study indicate that gender-based political violence manifests in the form of the moral delegitimization of women, digital intimidation or harassment, policing of women in public spaces, and the objectification of women’s bodies. These phenomena demonstrate that gender bias remains a barrier for women in securing equal space in local political contests.

Juwita Siregar; Muhamad Fikri; Ika Arinia Indriyany

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Floods are one of the most frequent hydrometeorological disasters in Indonesia and cause various social, economic, and environmental impacts on communities. In disaster situations, women often face greater vulnerability than men due to limited access to resources, high domestic responsibilities, and minimal protection in disaster policies. Although the government has adopted a gender mainstreaming policy in development, its implementation in disaster management policies remains suboptimal. This study aims to analyze how flood management policies integrate gender perspectives and identify the impacts of floods on women. The study used a qualitative approach using literature study methods and media content analysis to understand the dynamics of policies and women's experiences in disaster situations. The results show that disaster management policies still tend to focus on technical and infrastructure aspects, while women's specific needs are often overlooked, particularly regarding security in refugee camps, access to reproductive health services, and increased domestic burdens during crises. This condition indicates that the integration of a gender perspective in disaster policies still faces various structural and institutional barriers. Therefore, efforts are needed to strengthen the implementation of gender-responsive policies so that disaster management does not only focus on physical mitigation, but is also able to provide fairer and more inclusive protection for all community groups.

Satrio Ramadhan; Ika Arinia Indriyany

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Gender-based domestic violence (KDRT) remains a critical issue in Indonesia, particularly in urban areas like North Jakarta. This study examines the governance of services for KDRT victims from a gender perspective in 2025, employing a qualitative case study approach. Data were gathered through in-depth interviews with 20 victims and service providers at community health centers (Puskesmas), the Women's Empowerment and Child Protection Agency (DP3A), and NGOs. Findings reveal fragmented governance, characterized by weak inter-agency coordination, low accessibility for low-income victims, and insufficient integration of gender perspectives in handling procedures. Key barriers include bureaucratic hurdles and inadequate training for staff on toxic masculinity issues. The study recommends an integrated governance model based on gender-responsive governance, including a one-stop digital platform and enhanced multi-stakeholder collaboration. Policy implications support the achievement of SDGs 5 and 16 at the local level. This study also highlights the importance of increasing public awareness and education regarding gender-based domestic violence to create a safer and more inclusive environment for victims.

Adde Ramadhani; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

Abdul Hakim; Tutik Hamidah; Ali Hamdan

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is based on the shortage of functional penghulu officers, which has become a serious issue for the government, particularly the Ministry of Religious Affairs of Indonesia. This condition can affect the quality of services in marriage registration, family guidance, and the provision of legal certainty to the community. To overcome the emergency of penghulu personnel, it is necessary to propose that the position of penghulu also be granted equal access to women, whereas until now the position of penghulu has been dominated only by men. Therefore, this research aims to conduct a comprehensive study on the provisions regarding the opportunities and problems of female penghulu within Indonesia’s civil law system, in which civil law is the official positive legal umbrella governing penghulu affairs. This research is normative legal research employing a statutory approach and a conceptual approach. Meanwhile, the primary legal materials of this research consist of various laws and regulations directly related to penghulu affairs. The results of this research indicate that the opportunities for female penghulu within the civil law system are very open, constitutionally valid, and not subject to any normative prohibition. The problems arise when female penghulu are requested to act as guardians appointed by the court (wali hakim) or entrusted with the delegated guardianship of marriage (taukil wali). This is because, under Indonesia’s civil law, a wali hakim or a person receiving taukil wali is required to be male. In addition, another problem is the existence of a specific requirement to be male that must be fulfilled in the recruitment of penghulu personnel as stated in the Announcement Letter on the Recruitment of Candidates for Civil Servants of the Ministry of Religious Affairs.  

Nabila Fitria Almadea

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Gender-based and age-based violence targeting women and children continues to pose a serious challenge to human rights protection in Indonesia. As the principal duty bearer, the state bears the obligation to respect, protect, and fulfill victims' rights through effective protection mechanisms, one of which is the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This research analyzes the contribution of UPTD PPA Bandung City in fulfilling the human rights of victims of violence against women and children and maps the obstacles encountered in operational service delivery. The study utilizes a juridical-empirical method with a descriptive-analytical approach. Primary data were gathered through in-depth interviews with UPTD PPA Bandung City representatives in November 2025, whereas secondary data were derived from the examination of legal regulations and relevant scholarly literature. Research findings reveal that UPTD PPA Bandung City managed 382 cases in 2025 by providing complaint mechanisms, assessment procedures, legal and psychological support, counseling services, and shelter facilities. These services demonstrate normative compliance with national legislation and human rights principles, particularly concerning protection, rehabilitation, and access to justice. Nevertheless, service delivery encounters several challenges, including insufficient human resources and facilities, underreporting by victims, and suboptimal cross-institutional coordination. Consequently, strengthening institutional capacity, ensuring adequate infrastructure, developing integrated standard operating procedures, and establishing regional regulatory frameworks are essential to guarantee effective and sustained fulfillment of victims' rights.

Sintia Mona Pratama; Neng Anisa Fitri Nurdiani; Salha Aulia; Muhammad Reyhanz Nugraha; Rahmat Al Kaffi +4 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is a case study that analyzes the handling of sexual violence in Cianjur Regency, examining the relationship between social morality, the role of law enforcement officials, and the effectiveness of criminal law policy after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). This study uses a descriptive qualitative approach with an empirical juridical method through a sociological approach to law. Data was obtained through interviews with law enforcement officials, field observations, and a literature review of relevant legislation and scientific literature. The results of the study show that the handling of sexual violence cases in Cianjur Regency still faces obstacles in the form of weak social morality, strong stigma against victims, and a patriarchal culture that affects reporting and law enforcement processes. In addition, the role of law enforcement officials has not been optimal due to limited capacity, coordination between institutions, and a lack of sensitivity to the victims' perspective. This study recommends strengthening the capacity of law enforcement officials through training on gender perspectives and the implementation of the TPKS Law, continuous education on social morality at the community level, and strengthening inter-agency coordination to improve victim protection and the effectiveness of criminal law policy in Cianjur Regency.

Nursani, Adila; Suherman, Anisa Salsabila; Apriliani, Berliana Mawar; Sofyan, Keysa Kailani; Nadiawati, Khansa +2 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  

Hanny Tasya Ulya; Miftahul Ulum

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

K-Pop has developed into a key instrument of South Korean cultural diplomacy with global reach, including in Indonesia. Behind its success as a soft power tool, K-Pop harbors complex dynamics of gender representation, particularly regarding the position and role of women. This study aims to analyze women's representation and agency in South Korean cultural diplomacy through K-Pop in Indonesia during the 2022–2023 period. This study uses a qualitative approach with a descriptive-interpretive design, combining a poststructuralist feminist perspective and cultural diplomacy theory. Data were collected through a documentary study of K-Pop cultural products and in-depth interviews with K-Pop fans in Indonesia. The results show that women play a central role in K-Pop's global success, both as idols and as active fans. However, women's representation in K-Pop is still dominated by standardized beauty standards and images of femininity. On the other hand, women's agency emerges through fandom practices that allow female fans to actively interpret, critique, and negotiate the meaning of gender representation. This study also found that gender issues have not been explicitly integrated into South Korean cultural diplomacy policies. These findings confirm that cultural diplomacy through K-Pop is dynamic and involves active interaction between the country, industry, and the recipient society.

Erni Sulhati Roudho Siregar; Uswatun Hasanah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Atasa Tarisah; Kuswandi Kuswandi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence (DV) is a hidden crime phenomenon with complex criminology, deeply rooted in the interaction between economic pressures and unequal social norms. Financial instability, such as unemployment and poverty, creates profound psychological stress on individuals, especially for perpetrators who fail to fulfill their breadwinner role, which is then expressed through aggressive behavior. Economic crises even causally increase stress, leading to physical or psychological violence. The dominant profile of perpetrators is men with low emotional control who are financially stressed and adhere to patriarchal ideology, while the majority of victims are women (housewives) who are vulnerable due to economic dependence and lack of access to resources, reinforcing the dynamics of economic violence as a systematic means of control. Optimizing response requires an integrated approach: strengthening law enforcement through sensitivity to non-physical violence and guaranteeing the protection of victims' assets, empowering victims economically through training and access to capital to foster independence, and transforming social norms through gender equality campaigns and deconstructing patriarchal culture that considers domestic violence a private matter.

Lodia Lede Hiku; Yeftha Y. Sabaat; Stefanus Triadmaja; Rex Tiran

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled “Women’s Representation in Political (Analysis of the Low Number of Elected Female Legislative Members in the Sabu Raijua Regency DPRD in the 2024 Election).” The low representation of women in politics is a significant issue in various regions, including Sabu Raijua Regency. This study aims to analyse the low representation of women in politics and the factors that hinder women from becoming legislative members in the Sabu Raijua Regency DPRD in the 2024 elections using Gender Theory, which focuses on three derivatives of the theory, namely gender issues, gender ideas, and gender representation. The results of the study show that the obstacles faced by women are not only related to individual capabilities, but are also the result of social constructs influenced by gender issues, gender ideas, and gender representation. Women are often faced with domestic burdens, financial constraints, and a lack of training from political parties, which limits their political capacity. Patriarchal customs also reinforce the notion that men are more suitable for leadership, while women are seen as quota fillers. As a result, representation is more symbolic than substantial, as evidenced by the fact that only two women have won seats in the Regional People's Representative Council (DPRD), one of whom was through the PAW mechanism. Barriers include traditional norms, gender stereotypes, and social legitimacy; lack of support and strategy from political parties; and financial constraints and campaign capital.

Adinda Erliana Romadhon; Rizky Maulana

Kajian Administrasi Publik dan ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the commodification of women’s bodies within environmental campaign content on digital media, focusing on a video produced by Pandawara Group that addresses textile waste issues. Although the campaign aims to raise ecological awareness, the visual emphasis on a female body particularly the exposure of a bra redirected public attention from environmental messages to sexualized interpretations in the comment section. This research aims to analyze how such meaning shifts occur through representation and audience interpretation. Using Sara Mills’ Critical Discourse Analysis, this study focuses on subject–object positioning and reader positioning in both visual and verbal elements of the content. The data consist of one campaign video and selected public comments on TikTok, analyzed qualitatively. The findings reveal that women are positioned as visual objects rather than active subjects within the discourse, while audiences are constructed as observers of the female body instead of interpreters of environmental issues. The recurring use of the phrase “content that unites the nation” further legitimizes sexualized readings and reinforces dominant gendered discourse. Importantly, the study finds that such interpretations are reproduced not only by male audiences but also by female users, indicating the internalization of dominant visual culture in digital spaces. This study contributes to gender and media studies by demonstrating that environmental campaigns are not free from gender bias and that visual representation plays a crucial role in shaping unintended meanings within social campaigns.

Adalia Samaira Nanrimansyah; Iman Ahmad Gymnastiar

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Gender inequality in terms of safety in public spaces is a crucial issue in Indonesia. This research background is driven by the high rate of violence against women, reaching 330,079 cases in 2024, and reinforced by a patriarchal culture that perpetuates gender hierarchy. This study uses a qualitative method with a literature study approach to analyze the root causes and impacts of gender inequality on women's sense of security in public spaces. The results indicate that the disparity manifests in various dimensions, such as women-unfriendly urban infrastructure (e.g., inadequate lighting), security threats in urban areas, and the high rate of gender-based violence where 80.1% of the victims are women. The discussion reveals that this inequality impacts not only physical safety but also psychological well-being, economic security, and access to public spaces. This research concludes that a multidimensional approach encompassing infrastructure improvement, strengthening legal protection, changing social norms, and economic empowerment is required to create an inclusive, equitable, and safe public environment for all genders.

Nurhaidah Siregar; Uswatun Hasanah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of the dual role of wives is a complex social reality amidst the patriarchal culture that is still deeply rooted in Indonesian society. In this social system, women often bear the double burden of domestic responsibilities as well as public roles, which often gives rise to gender inequality, role conflict, and psychological stress. This article aims to analyze the dual role of wives in a patriarchal culture using a gender perspective and maqasid sharia as an analytical framework. The research method used is a literature study with a qualitative-descriptive approach to various relevant literature. The results of the study indicate that patriarchal culture tends to limit access and recognition of women's roles, thus contradicting the principle of gender justice. Meanwhile, maqasid sharia emphasizes the values ​​of balance, justice, and benefit in husband-wife relations. The principles of hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, and hifz al-mal provide theological legitimacy for women's social and economic roles as long as they are carried out within the framework of justice, shared responsibility, and family harmony.