Kajian Teoritis Pengaruh Sistem Penetapan Calon Terpilih dengan Suara Terbanyak Terhadap Pemenuhan Hak Affirmative Action

In democracies, men and women have equal opportunities to participate in politics. It is mentioned in Article 27 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia that every citizen of both men and women has equal status in law and government. Women also have human rights as set out in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Universal Declaration of Human Rights (DUHAM) states that women have the right to be free from discrimination and have the right to participate in politics. In Article 55 paragraph (2) of Law No.10 Year 2008 requires political party to include at least 1 candidate elected from 3 candidates. The provision is a form of affirmative action to increase women's participation in parliament. However, the system of determining the elected candidates used in the election by majority vote makes affirmative action blurred and only as a formality