Author(s): Nanik Trihastuti, Pujiyono, Bagoes Widjanarko, Stephanie Apsari Putri
Aim: The purpose of this research is to study positivist law on the effect of prevention in cases of the spread of HIV/AIDS, in which the absence of regulations on HIV/AIDS transmission causes the absence of legal protection for women, especially housewives who contract HIV/AIDS from their husbands. Methods: This study was a doctrinal research, which refers to the formulation of legal doctrines through the analysis of legal rules. The data analysis included analysing legal issues to identify issues that needed further research to familiarise the researcher with the area of law being studied. The facts in terms of the law were then analysed to match the identified issues with the applicable rules. Results: This research revealed that there was gender-related violence among spouses, which led to HIV/AIDS transmission to wives. To reformulate the positivist law, the progressive law was proposed as it used progressive reasoning to analyse factors that cause the transmission and to determine the necessary measures taken by the government to protect housewives against HIV/AIDS transmission. Conclusion: Legal positivism, which reflects patriarchal and masculine ideologies, has triggered the law and the impacts of legal theory to oppress women and marginalised groups. HIV/AIDS transmission to housewives may demonstrate that the state tends to overlook the justice, especially for housewives, as there is no legal protection regarding the risk of transmission from husbands to their wives.