Juridical Review of the Restriction of Women's Rights in Leading Customary Villages from a Gender Perspective

Abstract

This study aims to conduct a juridical analysis of how statutory regulations govern and restrict women's rights to perform leadership roles, to examine the legal implications of such restrictions, and to assess the forms of legal protection available to women who experience limitations on their leadership rights within customary village structures. The analysis adopts a gender-equality and non-discrimination perspective within Indonesia’s national legal system. The research employs a normative juridical approach, treating law as an autonomous set of norms and the main object of inquiry. This approach focuses on analyzing codified legal norms as contained in statutory provisions. This research used two principal approaches: the Statute Approach and the Analytical and Conceptual Approach. The findings show that, juridically, there is no provision in Indonesia’s national law that explicitly prohibits women from holding leadership positions. However, when viewed from a gender perspective, the obstacles faced by women largely originate from social constructions, entrenched patriarchal cultural dominance, and the absence of affirmative policies in sectoral regulations. Therefore, a gender-justice-oriented legal approach and capacity building for women are essential strategies to promote inclusive and transformative leadership. In the context of customary village leadership, structural inequalities remain evident and are underpinned by patriarchal norms that impede women's access to leadership positions. This situation contradicts the equality principles enshrined in national and international legal instruments, such as the 1945 Constitution, the Village Law (UU Desa), and the ratification of CEDAW, which affirm women's rights to full participation in public life and decision-making.