Conceptualization of Gender Equality as the Protection of Women in Family Law Cases

Abstract

Gender equality is a fundamental concept in achieving social justice and the protection of human rights. Women often face gender discrimination, gender-based violence, sexist stereotypes, and a patriarchal culture that contributes to gender injustice against women. Therefore, the protection of women in conflict with the law must be strengthened through an approach that focuses on gender equality. Especially in family law cases in the Religious Courts where it involves women. The issues raised are regarding the concept of gender equality as protection of women and what is the concept of gender equality as protection of women in family law cases? This type of research is library research or literature study. The results of this study can conclude that the concept of gender equality has been enshrined as one of the principles in adjudicating cases of women dealing with the law as stated in Article 2 of Supreme Court Regulation No. 03 of 2017 as a form of protection in family law cases. In the actualization of the principle of gender equality, when adjudicating women’s cases in the field of family law, judges are required to be gender sensitive. The role of judges in carrying out judicial functions and authority should indeed focus more on legal objectives. It is also necessary to pay attention to the principle of ex aequo et bono, which is stated in the subsidiary demands. This principle provides flexibility for judges to explore the law as widely as possible in order to uphold justice.
 Keywords: equality, family, gender, law