PERATURAN DAERAH VIS A VIS UNDANG-UNDANG (Fenomana Marginalisasi Perempuan dalam Perda Syari’at)
Andrie Irawan Fakultas Hukum Universitas Cokroaminoto Yogyakarta
Regional autonomy brought about changes that could lead to aspiration and local community participation in development. But, on the other hand in its development, the issue of regional autonomy also gave birth when born regional regulations are not in line with the national legal system and discriminate against women.
Indications of local regulations that discriminate against women has been found to the National Commission on Violence Against Women (Komnas Perempuan), which amounted to 29 policy areas. However, after ten years of implementation of regional autonomy that occurs instead of welfare, instead make people, especially women marginalized and far from prosperous size.
Since regional autonomy in effect until the end of July 2006 recorded 56 products regulation policy in various forms: local regulations, qanun, circulars, and the decision of the head region. Products such regional policies explicitly oriented to the moral teachings of Islam so that appropriate legislation is called the Islamic Sharia.
Results of this writing there is some thought that: the discriminatory bylaws violated the spirit of justice and humanity as stated in Pancasila, violates the principle of equality of citizens before the law as it is inscribed and Act IV of 1945 amendments. The regulation also contravenes the rules in Act No. 12 of 2011 on the Establishment of legislation and violates the principle of the legislation is good. In addition, the issue of women's oppression does not come from man, but rather the issue of the system and the structure of society and one of them is injustice gender inequity.