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<p>This study investigates the discourse surrounding gender equality in the context of Indonesian civil law reform, utilizing a multidisciplinary methodology that combines doctrinal-legal analysis, feminist legal theory, and semiotics. The objective is to uncover how the norms established in the Indonesian Civil Code—specifically Articles 103–118 and 1329–1330—and the 1974 Marriage Law both mirror and sustain patriarchal bias at structural and symbolic dimensions. The research employs qualitative methods to examine statutory texts, assess family court case studies, and delineate legal discourse utilizing Saussure–Peirce semiotics and Foucault’s discourse theory. The examination centers on (1) the limitations of women’s legal capacity, where a wife must obtain her husband’s consent to perform legal actions; (2) the societal construction of the “head of household” and the positioning of women in a subordinate domestic role; (3) the impact of European civil codes (Dutch and French) in sustaining individualism and gender hierarchies; (4) the function of private law in perpetuating class and gender dominance; and (5) the implications of legal pluralism—intersecting European, religious, and customary law—on the safeguarding of women’s rights. The evidence suggests that merely reforming the text is inadequate; even with changes to overtly discriminatory clauses, the legal language and its symbolism persist in upholding patriarchal power dynamics. Regulatory amendments frequently exhibit trends of diminishing protection, which subsequently restrict women’s autonomy. The research highlights the importance of implementing cultural transformation strategies, including gender-sensitive education for policymakers, legal practitioners, and the public, as well as fostering cross-institutional collaboration to decommodify legal meanings and advance gender-neutral terminology. Attaining gender justice within Indonesian civil law requires a comprehensive approach integrating legislative reform, reexamining legal language, and enhancing institutions and civil society capabilities. This comprehensive approach establishes a legal framework that respects equal rights and the dignity of every citizen.</p>

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Beyond Textual Reform: A Semiotic and Feminist Critique of Indonesian Civil Code

  • 期刊论文

  • 发表日期：

    2025年6月9日

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  • Bambang Eko Turisno,
  • Aga Natalis,
  • Moh. Asadullah Hasan Al Asy’Arie,
  • Umaira Hayuning Anggayasti

摘要

This study investigates the discourse surrounding gender equality in the context of Indonesian civil law reform, utilizing a multidisciplinary methodology that combines doctrinal-legal analysis, feminist legal theory, and semiotics. The objective is to uncover how the norms established in the Indonesian Civil Code—specifically Articles 103–118 and 1329–1330—and the 1974 Marriage Law both mirror and sustain patriarchal bias at structural and symbolic dimensions. The research employs qualitative methods to examine statutory texts, assess family court case studies, and delineate legal discourse utilizing Saussure–Peirce semiotics and Foucault’s discourse theory. The examination centers on (1) the limitations of women’s legal capacity, where a wife must obtain her husband’s consent to perform legal actions; (2) the societal construction of the “head of household” and the positioning of women in a subordinate domestic role; (3) the impact of European civil codes (Dutch and French) in sustaining individualism and gender hierarchies; (4) the function of private law in perpetuating class and gender dominance; and (5) the implications of legal pluralism—intersecting European, religious, and customary law—on the safeguarding of women’s rights. The evidence suggests that merely reforming the text is inadequate; even with changes to overtly discriminatory clauses, the legal language and its symbolism persist in upholding patriarchal power dynamics. Regulatory amendments frequently exhibit trends of diminishing protection, which subsequently restrict women’s autonomy. The research highlights the importance of implementing cultural transformation strategies, including gender-sensitive education for policymakers, legal practitioners, and the public, as well as fostering cross-institutional collaboration to decommodify legal meanings and advance gender-neutral terminology. Attaining gender justice within Indonesian civil law requires a comprehensive approach integrating legislative reform, reexamining legal language, and enhancing institutions and civil society capabilities. This comprehensive approach establishes a legal framework that respects equal rights and the dignity of every citizen.