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ArtikelImagining A Fair Trial: Feminist Legal Spaces As A Strategy In Deconstructing The Dominant Legal System In Semarang  
Oleh: Danardono, Donny
Jenis: Article from Proceeding
Dalam koleksi: 2nd International Conference on Environment and Urban Management : Indonesia ( Soegijapranata Catholic University, Semarang, 2-3 August 2006 ), page CPE-4.
Fulltext: 043 CPE-4 Donny Danardonoi.pdf (48.97KB)
Isi artikelIn this paper law is considered – differently from the dominant idea which considered law as a norm to regulate the way legal subjects should act and relate to each other and which considered legal certainty will only be guaranteed by the law upholders (police, prosecutor and judge) – as one of the episteme, that is morality, religion, culture, natural science, social science, etc. As an episteme, law does not only define the right and wrong of acts, thoughts and feelings, moreover it also competes with morality, religion, culture, natural science, social science, etc in defining human behaviors, thoughts and feelings. For instance in a matter of age there has been a different argumentation between law and psychology, law and religion or even among some legal norms themselves about when men and women can be considered as adults. In this situation usually the law upholders – when they handle cases related - will not be able to make their argumentations based on certain legal methods, on the contrary they mix law and nonlaw argumentations. What so importance is to make their legal decisions reasonable or fit with common-sense. Based on the argumentation of law as an episteme this paper will examine the way feminist legal spaces (legal aids for women and Special desk for women in police stations) constructing the so called feminist identity for lawyers, police women working in the special desk and the women survivors of the gender based violence. This identity will become a special political identity and give them a bargaining power to deconstruct patriarchy legal system ( laws and court system). In other way of saying, by having the so called feminist identity they will be able to imagine how to push a fair trial.
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