Standing Out, About Time:

Womens role in Indonesian Legislative Assembly

I.

Background

Advanced world doesnt always mean advanced people. In every inch on this world, the
communities, the countries, the people that we thought were advanced are actually not. In a
country, problems arise not only because the leaders, the government, the parliament, are not
capable of doing their duty -- although here we see them making stupid mistakes a lot -- but
problems arise also because the people in many countries do not have the awareness of hand-inhand making the society better.
One of the problems that we see the most is the discrimination issue. Weve seen and heard
a lot about this but still, somehow no action has been done. Within sociology, 'discrimination' is
the prejudicial treatment of an individual based on their membership in a certain group or
category. Discrimination is the actual behavior towards members of another group. It involves
excluding or restricting members of one group from opportunities that are available to other
groups1.
Moral philosophers have defined it as disadvantageous treatment or consideration. This is a
comparative definition. An individual need not be actually harmed in order to be discriminated
against. He or she just needs to be treated worse than others for some arbitrary reason. If
someone decides to donate to help orphan children, but decides to donate less, say, to Chinese
children out of a racist attitude, he or she will be acting in a discriminatory way even if he or she
actually benefits the people he discriminates against by donating some money to them.
Discrimination revolves around so many aspects of life and it indeed violates the very basic
of human rights. Aspects such as race, sex, caste, employment are some of the most popular
discrimination issues happening around us. But whats been troubling me is those issues arise
that deal with sex, gender, even gender identity discrimination.
Currently, discrimination based on sex is defined as adverse action against another person,
which would not have occurred had the person been of another sex. This is considered a form of
prejudice and is illegal in certain enumerated circumstances in most countries.
Sexual discrimination can arise in different contexts. For instance an employee may be
discriminated against by being asked discriminatory questions during a job interview, or because
an employer did not hire, promote or wrongfully terminated an employee based on their gender,
or employers pay unequally based on gender. Although discrimination revolves around so many
aspects, the one that has been continuously talked about is the issues about women.
1

http://en.wikipedia.org/Wiki/discrimination

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In the United States, women are often experienced a glass-ceiling action. The term glassceiling is used to describe the barrier that occurred that makes women cant enjoy or do the
things men can. In the very past, its also forbidden for women to take part in the national
election in some countries, this stereotype occur because men dominated most of the occupation
fields while women didnt usually go to work. Gender stereotypes are formed at an early age
with men and women being identified with particular occupations.
While in Indonesia, women all over the country have been suffering from discrimination,
too. Long before the country achieved its independence, theres no way women could do things
the others did. They dont have the rights to speak up their minds, take part in whatever the men
were doing and so on. This kind of discrimination puts women behind, they are not considered as
minority group, though, but knowing that many of their rights have been violated, men
outnumbering them in many fields, they are becoming a minority in term of several issues,
including their rights of occupation, employment, and in the political process of the country
II. Legal Background
Speaking of womens rights in term of jobs and political participation, the government of
Indonesia has actually erased the so-called-barrier between men and women. As included in The
Constitution of 1945, article 27; (2) every citizen deserve the right to have a job and a decent life
for humanity (3) Every citizen deserve the right and have to participate in the effort of protection
the nation2. It is clear enough that the founding fathers, the late President Soekarno and his
fellow leader friends had set a prohibition for everyone to discriminate anyone to participate and
to work in the available fields. Looking to the law established, the people have actually started to
understand that it is okay for everyone to participate. But there are still, until now, people who
underestimate women for their capability to work as good as the men.
Even better, in 1984, the government issued a ratification law of the convention on the
elimination of all forms of discriminations in jobs and position, based on the convention held in
Copenhagen December 18th 1979 by the members of the United Nation. In the convention,
Indonesia agreed to the law brought up by the council because what is being said about the issues
supports the Pancasila and Constitution of 1945.In the convention, also stated that States Parties
shall take in all fields, in particular in the political, social, economic and cultural fields, all
appropriate measures, including legislation, to en sure the full development and advancement of
women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men3.
Many law protecting womens right to stand up has been established since then. The women
actually aware that they have to start working their way to reach the same position in jobs as men
2

Constitution of 1945 (Undang-Undang Dasar 1945) Article 27; (2) and (3)

Convention on the Elimination of All Forms of Discrimination

against Women, Adopted and opened for signature, ratification and accession by
General Assembly resolution 34/180 of 18 December 1979

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or even higher. Because in reality, there are women in power, some that have realized that it is
not okay for them to stand still or even stop moving because of the environment does not seem to
fit them.
In the field of work, the International Labor Organization has since 1919 produced some
185 treaties (termed conventions) to improve labor standards. In 1946, it became a UN
specialized agency. It is unique in that representative of governments, employers and workers
have equal representation in the decision-making bodies4. The ratification law concerning
discrimination on respect of employment and occupation from the ILO has also been established
in Indonesia since 19995, making it easier for women to gain power to stop worrying about the
stereotypes that seems to be everywhere and to start focusing on their career towards a better
them and their environment.
In political process for instance, we can see that in every General Elections, women have
showed up everywhere, carrying the aspirations, voices from those around them. They are no
longer care about those who underestimate their capability. But still, in this very advanced era,
womens participation is sometimes used for a mask or barrier for political party just to get
voted, they dont care whether or not the women they are having have the capability or
knowledge to be in the position later, to be voted. All they know is, once people believe, no, once
they like they women the certain party brought up to the public, they earn votes, they win, they
rule. And that makes no better government.
Something has to be done about this. The sub-implementation of political party law once
said that there are 30% quotas for women in the legislative assembly. It means, women have
given the chances to explore more, to participate and contribute more. But it wont be that
sincere if the political parties still apply the same method in every election. Racing to get
celebrities to join, to suddenly stand before something, to suddenly want to carry peoples voices,
while out there, they are women with more than enough capability and knowledge to fill the
position.
It is ironic, how women used to be hardened when it comes to the fields of activity the men
dominate and now that they are free to do whatever they want to, they are being used as tools
to gain ones self-interest. Women with actual power always find it hard to go forward, it may
seems light and worry-less but think about those who are in the front line, but do not know what
to actually do about the position they are in, and when things go bad, the people will blame them,
women. As for women who are interested in pursuing political career in DPR, the challenge is
clear. Such as in any other professions, to qualify for the job ones need to equip themselves with
the necessary skills, and that rules applies to profession in politics as well. The 30% quotas
should not be misunderstood as mere privilege to be in the profession. To the contrary, it is a
4

Handbook of International Law, Anthony Aust

Law Number 21 Year 1999; Ratification ILO Convention No. 111 Concerning Discrimination.

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challenge to proof that provided with such empowerment by law, women show equal
performance as their male peers. Failure to do so, it is rarely that public will look at political
parties as the responsible ones.
III. Conclusion
Indonesian women in term of jobs and occupation are no longer considered as minority group,
discriminated, since the government has passed various laws to ensure the protection of women
in pursuing jobs in general and in particular 30% of membership in Legislative Assembly. It is
now up to them how to maximize the chances given to them. Women need to be more aware
about their pride if they want to stand up for the right thing and not be blamed of. The
government need to make sure, including enforcing sanctions, that political parties comply with
their legal obligation to undertake political education among their members, in particular to their
women members, to increase the quantity and quality of women members in DPR. In addition,
the government needs to explore measures to ensure that women are not only, capable to take
responsibility upon themselves, but also to promote awareness among women to take up wider
responsibility to the society for the good of the country, in particular through an active role in
political process within DPR. The minister, for instance, need to go down the road and explore
more so that women in the future will not only strong for themselves, but also strong for the
good of the country.
IV. Bibliography
The Constitution of 1945 (undang-Undang Dasar 1945)
Law No. 7 Year 1984; Ratification of CEDAW (CONVENTION ON THE ELIMINATION OF
ALL FORMS OF DISCRIMANATION AGAINST WOMEN)
Law No. 21 Year 1999; Ratification of CONVENTION NO. 111 CONCERNING
DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION
Handbook of International Law, Anthony Aust

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