Progress achieved in Legislation but still weak in Enforcement

Maria Hartiningsih and Nunuk Pambudy write in Kompas that many improvements have been made in Legislation. These are, among others, the enactment of Law No. 23 of 2004 on the Elimination of Violence in the Home; Law no. 12 of 2006 on Citizenship, that allows children of mixed marriages to be have dual citizenship until the age of 18 and are allowed to choose their citizenship at age 21. Then there is Presidential Instruction on gender mainstreaming in government, from the national level down to local level; and the Law on General Elections of 2004, that enforces a quota of 30 percent for women to be nominated as candidates for elections.

In women’s mortality rate at childbirth, Indonesia has been able to reduce this from 334 per 100,000 births in 1997, down to 307 in 2002/2003. Nonetheless, this number is still the highest among ASEAN countries, and still above that of Sri Lanka. Whilst, in the national Budget, Health is allocated a measly 4.3%, again the lowest among ASEAN countries. The health of teenage girls and older people, are also not yet taken care of.

In marriage, Law no.1 of 1984 , it is mentioned that the legal age for girls to marry is 16, while for boys this is 19 years. However, this law still distinguishes the role of the wife as housewife, and the husband as the head of the family, this is in spite of the fact that in many households today it is the woman who earns the living even while the husband is still alive.

Furthermore, although the Law specifically mentions that Indonesia adheres in principle to the monogamous marriage, yet in subsection 2 of Article 3, it is mentioned that a husband may take more than one wife when this is agreed by both husband and wife.

Finally, in politics, although Indonesia’s Constitution ensures gender equality, however, recent developments have shown that Regional bylaws in certain districts are discriminating women in dress code, prohibition to be out of the house alone in the evening, and the fight against prostitution, with specific target women prostitutes.

Furthermore, although by law 30% of election candidates must be women, yet, as political parties place women way below on the priority list, most women are not given the chance to sit in the legislature, with the result that many Districts do not have any women legislators.