Tinjauan Kritis Ambiguitas Hukum pada Regulasi Prostitusi di Indonesia berdasarkan Teori Feminis Yurisprudensi
ALDINA AUDRIA RACHMA, Rachmad Hidayat, Ph.D. ; Dr. Septiana Dwiputri Maharani
2025 | Skripsi | ILMU FILSAFAT
This study critically explores the legal ambiguity surrounding prostitution regulation in Indonesia through the lens of feminist jurisprudence. It addresses two central questions: (1) how gendered power relations are embedded in legal frameworks governing prostitution, and (2) how this legal ambiguity reinforces the sexual subordination of women. The absence of clear and protective legal recognition for sex workers has sustained structural inequalities, deepened stigmatization, and weakened legal safeguards for marginalized groups.
Adopting a qualitative-descriptive method within a philosophical-actual framework, the study applies hermeneutic analysis to interpret the intersection of gender, law, and social power. Through descriptive, interpretive, and holistic approaches, feminist jurisprudence is employed as a critical tool to examine how patriarchal values are encoded in legal norms and institutions—particularly those that govern sexuality and morality in a repressive manner.
The findings reveal that Indonesia’s legal treatment of prostitution is largely punitive, fragmented, and gender-biased. Rather than addressing the root causes of exploitation, current regulations tend to criminalize sex workers, thereby reinforcing their vulnerability within both legal and societal structures. Prostitution, as the study argues, is not merely a transactional act but a symptom of systemic injustice rooted in patriarchal norms. As such, the research calls for transformative legal reform grounded in human rights and gender justice—reframing sex workers not as moral deviants but as rights-bearing individuals with personal autonomy and agency.
Kata Kunci : ambiguitas hukum, prostitusi, regulasi, feminis yurisprudensi, subordinasi