Interconnected Strategy for Assisting Women in Conflict with the law; A Comparison of Indonesia and Turkey

Sudirman, Sudirman, Jamilah, Jamilah ORCID: https://orcid.org/0009-0005-8408-4401, Whindari, Yayuk ORCID: https://orcid.org/0009-0002-2868-2763 and , (2025) Interconnected Strategy for Assisting Women in Conflict with the law; A Comparison of Indonesia and Turkey. Research Report. Universitas Islam Negeri Maulana Malik Ibrahim Malang.

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Abstract

This research departs from the awareness that although the principle of gender equality has been universally recognized through the Universal Declaration of Human Rights (UDHR) of 1948, the reality shows that women in many countries continue to face structural, cultural, and legal barriers in accessing justice. Women often do not only become victims of violence or discrimination but also experience injustice within legal processes when they encounter law enforcement officers and judicial systems that are gender-biased. Social factors such as the stereotype of women as the weaker party, patriarchal cultural pressures, and low levels of legal literacy and rights awareness further exacerbate this situation. In this context, Indonesia and Turkey become two compelling countries to compare because both face similar challenges in gender justice issues, yet have different social, political, and legal configurations. Indonesia has a pluralistic legal system that integrates national law, Islamic law, and customary law, while Turkey—with its strong secular legal system—faces tensions between constitutional secularism and the contemporary political influence of Islam.

This study seeks to answer three fundamental questions: first, how the legal systems of Indonesia and Turkey influence women’s access to justice; second, how social, cultural, and religious factors affect legal processes and outcomes involving women; and third, how government institutions, civil society organizations, and local communities play roles in either strengthening or weakening access to justice for women in conflict with the law. The ultimate objective is to analyze the relationship between the legal system and gender justice, examine the role of socio-cultural contexts in legal processes, and assess the effectiveness of institutional support in building substantive justice for women in both countries.

This research employs two main theoretical frameworks. First, the Gender Policy Framework of Naila Kabeer and Sajeda Amin, which distinguishes between gender-blind policies (those that do not consider gender differences) and gender-aware policies (those that recognize and respond to gender inequalities). This framework helps identify the extent to which legal policies and judicial practices in Indonesia and Turkey are sensitive to women’s needs and conditions. Second, Susan Walsh’s Sustainable Change Theory, which emphasizes the importance of interconnectedness among social actors in creating sustainable change. Through this theory, law is understood not merely as a set of formal norms but as the result of social interactions among the state, society, and individuals, where legal change can only be effective when all societal elements are involved.

This study adopts a qualitative approach, collecting data through interviews, observations, and document analysis in Indonesia and Turkey. Research subjects include law enforcement officials (judges, prosecutors, police), civil society organizations such as Women Crisis Centres (WCC), LKP3A Fatayat NU in Indonesia, and KADEM and Mor Çatı in Turkey, as well as women who are victims or perpetrators of criminal acts. Data analysis follows the Miles, Huberman, and Saldaña model, involving data condensation, display, and conclusion drawing, with validity ensured through cross-source and cross-actor triangulation.

The findings reveal differing understandings of justice among legal actors, government officials, and civil society in both countries. In Turkey, the legal system normatively affirms gender equality through Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women. However, in practice, many female victims of violence or women charged in legal cases still face bias and social stigma. Courts and law enforcement often prioritize family principles and social honor over individual protection. In such situations, civil society organizations such as Mor Çatı and TKDF play crucial roles in providing legal assistance, psychological protection, and public advocacy to ensure that the legal system operates in line with the spirit of equality.

In Indonesia, the principle of “equality before the law” is often understood procedurally rather than substantively. Judges and legal officials tend to interpret justice in a gender-neutral manner, without considering the structural inequalities women face. For example, in domestic violence cases, victims are frequently required to present formal evidence that is difficult to obtain, while psychological trauma and economic dependency are not considered as legitimate factors. Under these conditions, community-based organizations such as KOPPATARA and LKP3A Fatayat NU become key drivers of women’s empowerment through restorative justice and community-based legal aid. Their approach emphasizes victim recovery and capacity building so that women can become subjects in the legal process rather than mere objects of protection.

Field findings also demonstrate disparities in the engagement of legal actors. Courts in both countries tend to be reactive and administrative, while local government institutions often implement ceremonial programs lacking sustainability. Conversely, civil society organizations show more concrete initiatives in advocacy, training, and economic support for women. This phenomenon illustrates a justice gap—the divide between formal legal norms and the substantive justice experienced by women at the grassroots level.

In Indonesia, legal pluralism creates its own challenges. Conservative interpretations of customary and religious values sometimes reinforce the subordination of women under the pretext of maintaining family harmony. However, progressive collaborative practices have also emerged, such as multi-actor forums involving judges, religious leaders, village heads, and women activists in several regions. These forums bring together state law, religious values, and local culture in a single dialogue space, enabling faster and more contextual resolution of gender-based violence cases. This model represents the embryonic concept of collaborative justice—a form of justice that combines legalistic approaches with community-based social justice.

The comparison between Indonesia and Turkey reveals several significant similarities and differences. Both countries have constitutional frameworks guaranteeing gender equality, yet implementation remains hampered by patriarchal biases in judicial practice. Indonesia faces the challenge of legal pluralism, requiring harmonization between religious, customary, and national laws, while Turkey faces ideological contradictions between secularism and the growing influence of religious values in politics. On the other hand, civil society participation in Indonesia is stronger and more grassroots-driven, whereas in Turkey it is more nationally organized but constrained by political dynamics and state control over non-governmental organizations.

The main conclusion of this research is that justice for women cannot be guaranteed solely through formal legal products, but must be realized through changes in paradigms and social practices at institutional and community levels. Laws that are neutral in text may still produce injustice if implemented without a gender perspective. Therefore, interconnected strategies involving all stakeholders—the state, judicial institutions, civil society organizations, and women’s communities—are needed to build a legal system that is inclusive, gender-responsive, and sustainable.

Several strategic recommendations are proposed in this research. First, judicial institutional reform is needed through gender training for judges, prosecutors, and other legal officials, and the integration of equality principles into professional codes of ethics. Second, the establishment of multi-stakeholder forums that bring together government, legal institutions, and civil society organizations to ensure coordinated handling of gender-based violence cases. Third, financial and legal support for women’s organizations so they can serve as official partners of the government in providing legal aid and advocacy. Fourth, integrating gender-based legal education into law school curricula and training programs for legal officials so that gender perspectives become not merely discourse but professional competence. Finally, it is crucial to develop integrated community-based support services—including psychosocial, economic, and legal assistance—to ensure that women who are victims or defendants are not trapped in dependence on slow and costly formal systems.

Overall, this research affirms that gender justice is the product of synergy among law, culture, and societal participation. The success of Indonesia and Turkey in strengthening women’s access to justice largely depends on their ability to build legal governance that is evidence-based, collaborative, and reflective of social values. Thus, an interconnected strategy involving legal policies, civil society, and local communities becomes the key to realizing sustainable and inclusive change for women in conflict with the law.

Item Type:	Research (Research Report)
Keywords:	Gender Equality; Sustainable Change Theory; Turkey; Women’s Access to Justice; Legal Pluralism
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180106 Comparative Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Yayuk Whindari
Date Deposited:	12 Dec 2025 08:45

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