TOWARDS EMANCIPATORY CIVIL LAW: REGULATORY REORIENTATION FOR THE JUSTICE OF INDIVIDUAL RIGHTS

Abstract

This study aims to examine in depth the urgency of reorienting Civil Law
in Indonesia from a paradigm that tends to be static and patriarchal to a more
emancipatory and gender-equitable framework. Civil Law, which is still largely
rooted in colonial legacies, often fails to accommodate contemporary social
dynamics, especially when it comes to the protection of individual rights, personal
autonomy, and equality. This misalignment creates a disparity between legal norms
and social realities, which can ultimately harm vulnerable groups and limit
individual potential. Through a normative-analytical approach, this article identifies
a range of regulations that need to be reviewed, including in the areas of family law,
inheritance law, and treaty law, where the concepts of distributive justice and
substantial equality should be the primary foundation. This discussion focuses not
only on changes in legal texts, but also on changes in legal interpretation and practice by law enforcers. The findings of the study show that this reorientation
requires synergy between legislative reform, judicial re-education, and increased
public awareness. Thus, Civil Law can be transformed into a dynamic, responsive,
and able instrument to ensure real justice for every individual, not just formal
justice.