E-Justice dan Kesetaraan Gender: Menelusuri Akses Digital Perempuan terhadap Pengadilan Agama di Indonesia Pasca Pandemi

Abstract

The digital transformation through E-Justice policies within Indonesia’s Religious Courts represents a significant step toward the modernization of the national legal system. However, this progress still faces gender-based digital disparities that limit women’s access to justice. This study aims to evaluate the extent to which the post–COVID-19 implementation of E-Justice has integrated the principles of substantive gender justice, as well as to identify the structural and cultural factors that cause women to lag behind in utilizing digital legal services. Using a socio-legal research approach, this study combines a normative analysis of Supreme Court Regulation (Perma) No. 1 of 2019 and Perma No. 7 of 2022 with empirical data obtained through interviews with judges, court clerks, advocates, and female litigants in the Religious Courts of Jember, Bengkulu, and Blora. Data were analyzed using the Miles and Huberman interactive model, with validation through source and method triangulation. The findings reveal that although E-Justice enhances efficiency and transparency in case administration, the digital divide between men and women remains substantial. Women encounter major obstacles such as low digital literacy, limited access to devices and networks, and the influence of patriarchal culture that restricts their legal autonomy. Innovations like the YAUMUNA program at the Jember Religious Court have proven effective in strengthening women’s legal protection, yet systemic policy support is still required. This study recommends a gender-responsive reform of digital judiciary policies through improved digital literacy, inclusive infrastructure development, and a user-friendly E-Court interface, so that legal modernization truly serves as a means of empowerment and social justice for Indonesian women.