Trapped within the Ideological Power of Law: Women’s Experience Seeking Justice

Noryamin Aini, Muhammad Helmy Hakim, Khoiruddin Nasution

2018

Abstract

The legal positivism epistemologically argues that law is objectively constructed, non partisant, and impartially implemented. Even, it is widely claimed that everyone is equal befor the law. Hens Kelsen further obsessed theorizing the pure theory of law. The Kelsen’s Pure Theory of Law aims to describe law as a hierarchy of norms which are also binding norms while at the same time refusing, itself, to evaluate those norms. In this legal sense, legal sciences are to be separated from legal politics in order to keep laws independent, free from any kinds of intervention. The objectivity, impartiality, and the innocence of law have been epistemologically and practically challenged by legal feminist. This paper utilizing legal feminist perspectives iluminates empirically that law suffers a variety of gender bias. Firstly, the verbal construction of law is prevalently masculine reflecting male experience-awareness, and male standard-norms of social interpretation. Secondly, more importantly, at the practical domain, within legal profession, law has been mystified to surve the male interests. Finally, women’s struggles seeking justice in the formal legal path have been often trapped in a difficult situations, between hoping on the innocence of the­ law, or begging at the mercy of patriarchal reasoning of legal professionals

Paper Citation

in Harvard Style

Aini N., Hakim M. and Nasution K. (2018). Trapped within the Ideological Power of Law: Women’s Experience Seeking Justice.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1002-1011. DOI: 10.5220/0009922010021011

in Bibtex Style

@conference{icri18,
author={Noryamin Aini and Muhammad Helmy Hakim and Khoiruddin Nasution},
title={Trapped within the Ideological Power of Law: Women’s Experience Seeking Justice},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1002-1011},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009922010021011},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Trapped within the Ideological Power of Law: Women’s Experience Seeking Justice
SN - 978-989-758-458-9
AU - Aini N.
AU - Hakim M.
AU - Nasution K.
PY - 2018
SP - 1002
EP - 1011
DO - 10.5220/0009922010021011