Gender-Sensitive Policing: An Evaluation of National Legal Frameworks and Criminal Law Regarding Women in Conflict with the Law

Abstract

Research Objective: To examine and analyze the gender sensitivity of the Police in handling cases of women facing the law from the perspectives of national law and Islamic law. The legal research method used is normative research. The analytical techniques include descriptive-analytical, systematic and grammatical interpretation. Research Findings: The study shows that gender-based approaches have not been fully implemented in handling cases of women facing the law, whereas the court has guidelines for adjudicating such cases as regulated in Supreme Court Regulation No. 3 of 2017. This is in line with the mandate of Law No. 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. From an Islamic law perspective, based on Quran Surah Al-Hujurat verse 13, which emphasizes the equality of human dignity and rejects superiority based on race, ethnicity, or gender, as well as Fiqh (Islamic jurisprudence), which contradicts the principle of Dar' al-Mafasid (Preventing Harm). Conclusion, Guidelines for women facing legal cases in the Police can be established based on national law and Islamic law. Suggestion: The Police should formulate regulations on guidelines for women facing the law.