Examining Affirmative Action in Perspective of Law and Globalization In Indonesia

Abstract

Globalization is a global process which is unavoidable by everyone who
Keywords: Globalization, Affirmative Policy, Gender Equality.
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 impacts 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.