INSTITUT PEREMPUAN- Women’s Institute INDONESIA

International Women's Day March 8, 2013
Repeal Discriminatory Legislation to End Violence, Discrimination against Women, and Impoverishment of Women

In Indonesia, violence against women, discrimination against women and  impoverishment of women is still a crucial problem. In 2011, National Commission on Violence Against Women recorded 119 107 cases. In 2010, there were 105,103 cases in the sphere of domestic, public, and state. Not to mention the cases of human rights violations such as rape tragedy in May 1998 and the massacre of 1965. Discrimination against women and systemic impoverishment of women are still faced by women, from discrimination of equal pay of women and men, to the lack of supporting system for women to fully achieved their women’s human rights.

One of the caused of this situation is laws that dehumanize women and even create and perpetuate violence against women. The enactment of Law No. 1 Year 1974 on Marriage for example, which is discriminatory due to the standardization of the unequal role of husband and wife, discrimination in minimum age of marriage, and limited polygamy. The enactment of Law No. 44 Year 2008 on Pornography violates women's human rights by criminalizing women.

 

Not to mention, the National Commission on Violence Against Women records 282 regional/local laws and regulations that discriminate against women in the forms: restrictions on the right to freedom and expression in the law that regulates women’s dress; reduction of the right to protection and legal certainty due to the regional policy on criminalization of prostitution; elimination of the right to protection and legal certainty through regional policy about prohibition of khalwat*; neglection of protection through regional policy on migrant domestic workers, etc. Enabling these legislations has sparked violence and discrimination against women. In Langsa, Aceh, Sharia police raped a woman when the victim was arrested on suspicion of khalwat. In 2012, because of embarrassment over the negative stigma, an Acehnese woman teenager committed suicide after being a victim of false arrest imposed by Qanun (Local Regulation) on Khalwat. Other victim, died in 2008 because of depression over false arrest incident of the application of Tangerang Regulation No. 8 Year 2005 on the Prohibition of Prostitution. A number of laws governing public participation have created the "moral police" who do not hesitate to use violence, victimizing women. Broadly, the enforcement of laws and legal products other areas are proving to deny women's human rights, legal uncertainty, and discriminate against women.

The Indonesian government should stick to its commitment to the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in Law No. 7 Year 1984 to at least "take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women (Article 2 paragraph f), and "To repeal all national penal provisions which constitute discrimination against women" (Article 2 paragraph g). Indonesia should implement one of the recommendations of CEDAW Concluding Observation responded to Indonesia Periodic Report to the 6th and 7th (2012) on the implementation of CEDAW is “to repeal all discriminatory laws against women”.

 

In line with the United Nations calls on the International Women's Day 2013 that voiced "Promise is Promise: Time for action to end violence against women", we, INSTITUT PEREMPUAN - WOMEN’S INSTITUTE demands:

Bandung, INDONESIA, March 7, 2013

For justice, equality, and humanity,

INSTITUT PEREMPUAN – WOMEN’S INSTITUTE

R. Valentina Sagala, SE., SH., MH.

Chairperson of Executive Board

 

*Khalwat, in Islamic law, refers to a situation when a woman is alone with a man that is not her husband/father/brother.

 

Demi Keadilan, Kesetaraan, dan Kemanusiaan,

For Justice, Equality, and Humanity,

INSTITUT PEREMPUAN - WOMEN'S INSTITUTE

Tel./Fax. +62.22.2516378

Website: http://www.institutperempuan.or.id/