The Genealogy of Legal Feminism and the Transformation of Indonesian Law: From Critiques of Legal Neutrality to Substantive Justice

Introduction: Law is often perceived as neutral and equally applicable to everyone; however, its construction and implementation may reproduce gender inequalities rooted in patriarchal power relations. This condition necessitates a historical and theoretical examination of the development of legal feminism and its relevance to the Indonesian legal system. Purposes of the Research: This study aims to trace the genealogy of legal feminism, analyze the development of its theoretical foundations, and identify its implications for the evolution of Indonesian law. Methods of the Research: This study employs normative legal research using historical, conceptual, and comparative approaches. Legal materials and relevant literature are analyzed qualitatively to examine the relationship between the development of legal feminist thought, the principle of gender equality, and legal regulations on the protection of women in Indonesia. Findings of the Research: Legal feminism has developed as a critique of formal legal neutrality and the dominance of patriarchal perspectives. Its evolution has strengthened an orientation toward substantive equality, recognition of women's experiences, and intersectional analysis. In the Indonesian context, its relevance can be examined through the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), legislation on the elimination of domestic violence, sexual violence offenses, and judicial guidelines for adjudicating cases involving women in conflict with the law. However, the relationship between theoretical developments and regulatory changes still requires more detailed normative examination.

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Publication Details

Journal
TATOHI Jurnal Ilmu Hukum
Published
2026-10-30
DOI
https://doi.org/10.47268/tatohi.v6i7.4036
Primary Topic
Feminism, Gender, and Sexuality Studies
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article
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article

The Genealogy of Legal Feminism and the Transformation of Indonesian Law: From Critiques of Legal Neutrality to Substantive Justice

Elviandri Elviandri, Paramita Rahma, Salwa Salsabila Aulia Ridwan, Narendra Pirmasyah A B et al.
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TATOHI Jurnal Ilmu Hukum
Feminism, Gender, and Sexuality Studies
article

The Genealogy of Legal Feminism and the Transformation of Indonesian Law: From Critiques of Legal Neutrality to Substantive Justice

Elviandri Elviandri, Paramita Rahma, Salwa Salsabila Aulia Ridwan, Narendra Pirmasyah A B, Dhimas Saputra
article en

Abstract

Introduction: Law is often perceived as neutral and equally applicable to everyone; however, its construction and implementation may reproduce gender inequalities rooted in patriarchal power relations. This condition necessitates a historical and theoretical examination of the development of legal feminism and its relevance to the Indonesian legal system. Purposes of the Research: This study aims to trace the genealogy of legal feminism, analyze the development of its theoretical foundations, and identify its implications for the evolution of Indonesian law. Methods of the Research: This study employs normative legal research using historical, conceptual, and comparative approaches. Legal materials and relevant literature are analyzed qualitatively to examine the relationship between the development of legal feminist thought, the principle of gender equality, and legal regulations on the protection of women in Indonesia. Findings of the Research: Legal feminism has developed as a critique of formal legal neutrality and the dominance of patriarchal perspectives. Its evolution has strengthened an orientation toward substantive equality, recognition of women's experiences, and intersectional analysis. In the Indonesian context, its relevance can be examined through the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), legislation on the elimination of domestic violence, sexual violence offenses, and judicial guidelines for adjudicating cases involving women in conflict with the law. However, the relationship between theoretical developments and regulatory changes still requires more detailed normative examination.

TATOHI Jurnal Ilmu HukumVol. 6(7)
Universitas Muhammadiyah Kalimantan Timur (ID)
Peace, justice, and strong institutions, Gender equality
Openalex Percentile: Top 6%
Feminism, Gender, and Sexuality Studies
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The Genealogy of Legal Feminism and the Transformation of Indonesian Law: From Critiques of Legal Neutrality to Substantive Justice — Elviandri Elviandri, Paramita Rahma, et al. · TATOHI Jurnal Ilmu Hukum (2026) | TGRS Research Map | TGRS