TINJAUAN YURIDIS KETERWAKILAN PEREMPUAN DALAM PEMILIHAN ANGGOTA DEWAN PERWAKILAN RAKYAT (STUDI PERBANDINGAN INDONESIA DAN VIETNAM)

Democracy is one of the requirements for a country to become a modern nation. The quality of democracy is not only determined by the regular holding of elections, but also by how marginalized groups are protected in the electoral democratic process (elections) and in everyday democratic life. This study aims to compare the legal regulations and mechanisms applied regarding women's representation in the election of members of the People's
Representative Council in Indonesia and Vietnam, as well as the challenges faced by both countries. This study uses a normative legal research method, which is a legal study conducted by examining literature (secondary data), using a conceptual approach, a case approach, and a comparative approach. The legal materials analyzed for this research are descriptive qualitative, which is a method for analyzing objects that cannot be measured by numbers or other exact measurements. The results of the study show that affirmative action policies are implemented in both Indonesia and Vietnam, but with different minimum percentages, namely 30% in Indonesia and 35% in Vietnam. In the nomination mechanism, Indonesia and Vietnam have differences. In Indonesia, before nomination for the legislative elections of the House of Representatives, recruitment and screening are carried out by political parties. In Vietnam, candidates in the general elections must obtain approval from the Communist Party of Vietnam before they can run for office. The challenges faced by Indonesia and Vietnam are quite similar. In addition to patriarchal culture, another similarity is the absence of specific regulations
regarding sanctions if the affirmative action quotas implemented by both countries are not met. This study concludes that Indonesia needs to issue special regulations by the Election Commission (KPU) if a political party fails to comply with the 30% affirmative action policy, along with strict sanctions if the political party does not adhere to it.