Wing of the Garuda or Workhorse? The 30% Women’s Quota as a Legal Obligation in Constitutional Court No. 128/PUU-XXIV/2026 in Indonesia through the Lens of Soekarno’s Sarinah

Abstract

The 30% quota for women's representation in legislative candidacy has existed since 2003, but carried no sanction until Constitutional Court Decision No. 128/PUU-XXIV/2026. In the 2024 election, 17.66% of candidate lists for the House of Representatives failed to meet the quota, while almost half of the women elected came from political dynasties. This raises the question of who benefits from a sanctioned quota. This study assesses whether the 30% quota, as a legal obligation, makes women the wings of the Garuda in the national political struggle, or instead allows ordinary women (Marhaen) to be used as instrumentalisationby women with dynastic networks, through Soekarno's Sarinah. It is predictive normative legal research using statute, case, conceptual, and limited comparative approaches. Legal materials were collected through library research and analysed qualitatively using five indicators derived from Sarinah. The findings show that the decision satisfies the indicators of rights with consequences and coercive tools against parties at the level of the norm, but does not yet satisfy the indicators of material basis, beneficiaries, and control over candidacy. The decision does not regulate list position, campaign funding, or the double burden of household work, so it tends to open a two-layered exploitation; the second layer remains a hypothesis. The study extends how quota decisions are assessed, from numerical compliance to who receives the benefit. A quota with sanctions is necessary but insufficient; it needs rules on list position, party cadre development, and funding for candidates without capital.