Employment

Reply to Question No. 18

80.The Job Creation Law, or better known as the Omnibus Law, is part of efforts to revive the national economy, in particular by promoting economic transformation, to create new employment for the community. This law was prepared by prioritizing the needs of the broader community by providing facilities for opening up new businesses and expanding businesses including for MSEs and cooperatives. The Omnibus Law guarantees good working time arrangements, minimum wages, severance pay and compensation for workers. In addition, this law supports the government’s efforts to eradicate corruption by simplifying, cutting, and integrating it into the electronic licensing system, in order to eliminate illegal levies.

81.The MoWECP, along with relevant stakeholders, engaged in monitoring and ensuring that the protection of the rights of women workers is guaranteed under this Omnibus Law. This law does not change or revoke the rights of women workers, as provided for in Law No. 13/2003 on Manpower, which includes:

•The rights to receive leave for childbirth, pregnancy, menstruation, miscarriage and breastfeeding;

•The provision of nutritious food and drinks, the provision of decent work and protection at work, the provision of transport for women workers who work overtime, the prohibition of employing pregnant women who, due to their pregnancy, risk their own lives and their fetuses;

•The prohibition on the dismissal of female workers who do not attend work on grounds of pregnancy, childbirth, miscarriage or providing breast milk to their children;

•The rights for women workers who provide breast milk to their babies and are supported by special facilities in the workplace or provision of lactation rooms;

•The obligation to provide protection to female workers for medical examinations, pregnancy and delivery costs through the registration of the health insurance program at BPJS.

82.Furthermore, the MoCSMEs has conducted Entrepreneurship training and Financial Literacy Training in various regions nationwide from 2015 to 2019. 31.260 entrepreneurs have benefited from this training, of which 15.442 or 49.3 per cent are women. For western Indonesia, 12.405 male entrepreneurs and 11.654 female entrepreneurs participated in this training. While for central Indonesia, 2.997 male entrepreneurs and 3.141 female entrepreneurs benefited from the training. For eastern Indonesia, 90 male entrepreneurs and 134 female entrepreneurs were involved. Specifically, for the West Papua region, 315 male entrepreneurs and 215 women participated in the training. Meanwhile, in the Papua region there are 24 female entrepreneurs and 11 male entrepreneurs.

Reply to Question No. 19

83.To protect women domestic workers, the Ministry of Manpower (MoM) has issued Regulation No. 2/2015 on the Protection of Domestic Workers to establish prerequisites for the adoption of the draft Bill on the Protection of Domestic Workers. In addition, the MoM also issued Regulation No. 18/2018 on Social Protection for Migrant Workers which includes: protection, life insurance and personal accident.

84.To further strengthen the normative framework for better protection for domestic workers, the draft Bill on Domestic Workers is currently being discussed in Parliament. The main points of the drafted Bill are, among others:

•The recognition of domestic workers’ rights protection in accordance with applicable regulations and referring to various international human rights convention and ILO Conventions;

•The provision for the welfare of domestic workers as workers and citizens, including the right to education and training; and

•The protection and balance of employment relations between employers and domestic workers to prevent exploitation.

85.In the case of child labour, the Law No. 13/2003 on Manpower clearly prohibits employers or companies from hiring children (everyone under 18 years of age). As a state party to the ILO Convention No. 182/1999, Indonesia is also committed to eliminating all forms of slavery or practices similar to slavery, including children working in the domestic sector (domestic workers). In addition, Law No. 35/2014 clearly prohibits every person from placing, permitting, engaging in, ordering or participating in the economic and/or sexual exploitation of children. And those who commit violations will get a maximum imprisonment of 10 years and/or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah).

Climate change and disaster risk reduction

Reply to Question No. 20

86.Indonesia guarantees fundamental freedoms for civil, political, economic, social and cultural rights as stated in the Constitution, including the rights of remote “ adat ” communities ( Komunitas Adat Terpencil – KAT) and their traditional rights.

87.The protection and empowerment of KAT in Indonesia is regulated in Presidential Decree No. 186/2014 on Social Empowerment for KAT. The purpose of the KAT empowerment program is to protect their rights as citizens, to fulfil basic needs, to integrate KAT with the broader social system and to achieve their independence. Program includes capacity building, such as life skills training, fulfilment of basic needs, mentoring, guidance and advocacy, facilitating the fulfilment of civil rights, initiating and developing alternative livelihoods, strengthening social harmony and accessibility to various other basic social services.

88.Such empowerment programs are carried out on the basis of recognition, respect, promotion and consideration of local wisdom values. Existing traditional values must be the perspective and foundation in planning and implementing the programs.

89.Policies under the President’s Nawa Cita Program include the acceleration of Agrarian reform to ensure the rights to land and addressing many problems arose by agrarian conflicts. This policy is aimed at reducing poverty, creating jobs, improving access to economic resources particularly lands, restructuring inequality in control over the ownership, usage and utilization of land and agrarian resources, reducing conflicts and disputes over land and agriculture, improving and maintaining the quality of the environment, and increasing the food and energy security of the community, including women.

90.In 2015, Presidential Decree No. 17/2015 mandated the establishment of the Ministry of Agrarian Affairs and Spatial Planning (MoAASP) to formulate and implement policies in agrarian affairs and spatial planning, including land ownership and utilization. Since then, the MoAASP has issued Regulation No. 11/2016 on Land Dispute Settlement. Until 2019, 22,424 cases were filed and 11,967 were resolved (53.36 per cent).

91.The Government Regulation No. 88/2017 stated that when a community has already lived for consecutive 20 years of period in a forest, they can apply for an Agrarian Reform Program (TORA). Alternatively, the community can institute their right to have permission for the Social Forestry (PS) Program, which is regulated through The Minister of Forestry Regulation No. 83/MenLHK/2016 concerning Social Forestry. Through this regulation, female and male farmers have equal rights to access over certification, with a guarantee to have the right to access and manage the land for 35 years and can be extended. Additionally, it provides assurance on the facilitation of mentoring, business development, and institutional development, with the principles of justice, participation, sustainability, certainty of law, and accountability.

Health

Reply to Question No. 21

Reproductive health in the rural area

92.In an effort to expand maternal service in remote areas, a policy on Maternity Waiting House ( Rumah Tunggu Kelahiran– RTK) is put in place to provide a more proximate access for pregnant mothers to health service facilities. Pregnant mothers and their assistants can wait in RTK which is located 30 minutes away from the facility. RTKs are financed within maternity insurance.

93.The MoWECP in collaboration with MoHA, MoVDDAT, Ministry of Social Affairs (MoSA), and the National Population and Family Planning Agency have issued a Joint Decree about the Synergy of Programs and Activities to Protect Women and Children during the Corona Virus Disease 2019 (Covid-19) Pandemic. It is carried out in collaboration with Family Planning Offices, volunteers as well as community movements involving women and children network/forum at the village/ district level.

94.The MoWECP has developed IEC materials related to maternal and children’s health, especially on pregnant women and women in labour. The MoWECP also provides public education through Public Service Advertisements in collaboration with the Indonesian Community Radio Network which reaches 50 Districts/Cities in 20 Provinces, as well as various webinar activities which are widely accessible by the community.

Maternal Mortality Rate (MMR)

95.An effort to reduce maternal and child mortality rates is implemented by Childbirth Insurance Program/Jaminan Persalinan (Jampersal). Jampersal targets community members who have not obtained health insurance. As of 2019, Jampersal covers services in 33 provinces and 497 regencies/cities such as financing antenatal services, delivery assistance by health personnel, postpartum services, and family planning services. The Government has also improved facility-based outreach service by increasing the quality and number of communities’ PUSKESMAS which implement the Basic Emergency Obstetrics and New Born Care (BEmONC) and Comprehensive Emergency Obstetrics and New Born Care (CEmONC).

96.In 2016, 2.707 PUSKESMAS have implemented BEmONC and 650 hospitals across Indonesia have implemented CEmONC. The distributions of general practitioners, specialists, midwives, and paramedics, have increased through, pre‑service and in-services training. The Strategic Planning of 2020–2024 of the MoH promotes the use of a referral system between the Community Health Post and Hospital, including those with competence human resources for maternal services and strengthen the role of emergency services, both the basic and the integrated system.

97.Maternity Planning Program and the Complication Prevention Program (P4K) is one among Indonesia’s efforts to accelerate progress on reducing MMR and neonatal mortality. In the P4K program, every pregnant mother is being identified on their due date, their assistants, location for maternity, potential blood donor, ambulance/vehicle for referral, and maternity savings. These measures are taken to avoid any delays in decision making and referral in case of emergency. Regional Health Office, PUSKESMAS, Hospitals and Blood Transfusion Units are in coordination to provide blood transfusion for mothers when required.

98.In addition, every PUSKESMAS must provide capacity building for their health personnel, including doctors, midwives, and nurses in responding to maternal and neonatal emergencies. An increased capacity for General Practitioners in maternal service is also essential, particularly for early detection and responses on pregnancy risks since the first trimester.

99.From 2018–2020, the MoEWCP executes various programs in an effort to raise awareness on MMR, among others:

•Mother’s Care Movement (Gerakan Sayang Ibu – GSI) was integrated with other health development programs to increase community participation (2018);

•Gender-responsive activities by involving men in their preparedness to assist their wives in labour and breastfeeding (SIAGA and Breastfeeding Husband movement) and developing guidelines on increasing the role of men in reducing MMR through the HeForShe Approach, also involving various organizations and community groups (2018);

•Technical guidance to regional work unit personnel and leaders on Gender Responsive Planning and Budgeting to Increase the involvement of men in reducing MMR, as well as outreach programs through various IEC, Public Service Advertisements (2019–2020);

•“Berjarak” Movement to fulfil nutrition for pregnant women and develop Alternative Modules of Balanced Nutrition Intake for Pregnant Women, Baby, Adolescents, the Elderly during the Covid-19 Pandemic (2020).

Abortion

100.Law on No. 36/2009 on Health (Article 75) stipulates that abortion can be conducted under the following conditions:

•Health emergencies detected during early pregnancy which may threaten the lives of both mothers and fetus, resulting to irreversible genetic diseases or disabilities which will affect the life of the baby after birth;

•Pregnancy due to rape which pose psychological trauma of the victim.

101.The article is further elaborated in the Government Regulation No. 61/2014 on Reproductive Health in Article 31–39.

102.The MoH has also issued Regulation No. 3/2016 on the Training and Conduct Abortion Services on the Basis of Medical Emergency and Pregnancy due to rape. In addition, a Guideline of the conduct, as well as Revised Academic Literature on the Indication of Medical Emergency and Rape for Waiving Abortion Restriction are still developed by the Indonesian Society of Social Gynecological Obstetrics.

103.In 2021, a curriculum module on training and appointing health service facilities which provides abortion service on the basis of medical emergency and pregnancy due to rape will be developed.

Women and HIV in Papua and West Papua

104.According to the MoH Regulation No. 21/2013 on HIV/AIDS eradication, Article 24 (1), HIV testing in epidemic areas is recommended to everyone visiting health service facilities as part of service standards, which is also applicable in Provinces of Papua and West Papua.

105.Papua Province also followed up this recommendation by the issuance of Circular Letter by Head of Regional Head Office No. 800/0751 on 29 January 2019, on ARV initiation.

Mental Health

106.Indonesia specifically regulates mental health on Law No. 18/2014 to protect and guarantee a right-based mental health services and to provide an integrated, comprehensive and sustainable health services through promotive, preventive, curative and rehabilitative efforts. It is also part of services provided by Universal Health Coverage in both primary and specialized service, for Indonesian citizens, including for women.

107.As part of primary health services, training modules for PUSKESMAS doctors and health personnel is provided in accordance with WHO GAP Intervention Guide for mental disorders in non-specialized health settings. It sets guiding principles on right-based mental health service provisions.

108.The Government has actively campaigned for the elimination of stigma of persons with disabilities, in particular people with mental health issues, through training and education for 9000 health officers in 12 provinces with the highest number of mental health patients.

Health of Women with disabilities

109.Law No. 8/2016 on Persons with Disabilities Article 12 ensures the rights of health for persons with disabilities. Furthermore, Indonesian’s National Action Plan on Human Rights 2020–2024 gives special attention to the promotion and protection of the rights of vulnerable groups including persons with disabilities. One of the focuses given to address the rights of persons with disabilities is to provide health services through a roadmap on inclusion.

110.The MoH has developed a program of stimulation, detection, early intervention for growth and development (SDIDTK) for children under five to detect early growth and development disorders in children. In addition, it is also developing hospitals as a reference for children’s developmental disorders. Currently, 7.331 PUSKESMAS have implemented SDIDTK and 27 hospitals have been trained as referral hospitals for growth and development disorders.

111.The MoH has also published:

(a)Guidelines on Children with Disabilities Health Services for Families (2015);

(b)Guidelines on Children with Disabilities Health Services for Health Workers (2015);

(c)Guideline on the Implementation of Reproductive Health Services for Adult Persons with Disabilities in 2017 and started its pilot project in Kulon Progo District, Yogyakarta, and will be replicated gradually during the period 2021–2025 in 34 provinces.

Disadvantaged groups of women

Reply to Question No. 22

Women in correctional facilities

112.The MoLHR established Regulation No. 27/2018 Human Rights based public service as a guideline for its technical service units (UPT) to better improve the provision of services which respect, protect, fulfil and promote human rights, including for women in correctional facilities.

113.The main criteria set forth in this regulation is the provision of basic infrastructure for vulnerable groups in UPTs, such as accessibility, lactation room, heath service, and provision of clean water. Special attention is given to correctional facilities, which require special services to be made available for inmates who are elderly, pregnant women, and persons with disabilities.

114.Currently the number of correctional facilities for women has increased to 33 from only 3 prisons previously in 2016. This effort was made to overcome the problem of overcapacity in the correctional facilities.

115.Furthermore, regarding special needs of women in correctional facilities and detention, correctional facilities provided sanitary napkins as stated in the explanation of Article 7 Paragraph (1)B PP No. 32/1999 concerning Terms and Procedures for the Implementation of Prisoners Rights.

Women in Papua and West Papua

116.The Government in its RPJMN 2020–2024 is committed to closing the disparity gaps across regions by transforming and accelerating developments in Eastern Indonesia, including Papua dan West Papua. Special attention is given to the expansion of basic services such as education and health, housing facilities and infrastructure, clean water and sanitation, and electricity. Connectivity through transportation and ICT infrastructure is also a crucial part as the basis for the digital economy.

117.To accelerate the development in Papua and West Papua, a customary region-based action plan is established to improve education and health services, local economy development, and connectivity to the central mountainous areas and other isolated areas with regard to the specific condition in the region. The Human Development Index in Papua increased from 57 in 2014 to 60 in 2018 and in West Papua from 61 in 2014 and 64 in 2018.

118.Currently the MoLHR through the Directorate General of Human Rights has Yankomas Posts in 427 districts/cities as access to report suspected human rights violations. The establishment of Communication for Community Services (Yankomas) Post was made with local wisdom. For example, in West Papua where complaints are made in the Church, because most of the people of West Papua are Christians.

119.The provincial government of Papua and West Papua have established more markets for Papuan women ‘ Pasar Mama ’ to increase access of Papuan women to market and economic facilities and services. ‘ Pasar Mama ’ has been developed in Jayapura and Manokwari. More ‘ Pasar Mama ’ services are expected.

Women and HIV/AIDS

120.Individuals with HIV/AIDS are guaranteed to access health facilities. HIV/AIDS treatment is among those covered by National Health Insurance in accordance with medical services standards. Presidential Decree No. 82/2018 on Health Insurance ensures the rights of its members to obtain individual health care services which include promotive, preventive, curative and rehabilitative services, as well as access to medication, health equipment and consumable tools according to individual’s medical requirements, including for persons with HIV/AIDS.

121.Furthermore, accountability on public service, including health, is established according to the Government Regulation No. 40/2019 which stipulates the use of Single Identity Number for domicile-based public services as regulated in the MOHA Regulation No. 137/2017.

122.Indonesia provides free ARV as regulated by MoH Decision No. 1190/Menkes/SK/X/2004 on Free Anti-Tuberculosis Drugs and ARV for HIV/AIDS.

123.Assistance for persons with HIV/AIDS is stipulated in the MoSA Regulation No. 6/2018 on the National Standard for Social Rehabilitation of Persons with HIV/AIDS.

Women with disabilities

124.In addition to Law No. 8/2016 on Persons with Disabilities that recognizes the vulnerability of women with disabilities to multi-layered discriminations to which require continuous effort in addressing this issue (para 175 CEDAW/C/IDN/8), the Government of Indonesia enacted various regulations as its derivatives to ensure their access to basic services:

(a)Government Regulation No. 52/2019 on Social Welfare for Persons with Disabilities;

(b)Government Regulation No. 70/2019 on Planning, Implementation, and Evaluation to the Respect, Protection, and Promotion of Rights of Persons with Disabilities;

(c)Government Regulation No. 13/2020 on Decent Accommodations for Students with Disabilities;

(d)Government Regulation No. 42/2020 on Accessibility to Housing, Public Services, and Protection from Disaster for Persons with Disabilities;

(e)Government Regulation No. 39/2020 on Decent Accommodation for Persons with Disabilities in Judicial Proceedings;

(f)MoSA Regulation No. 21/2017 on the Issuance of Persons with Disabilities Card (currently under revision to accommodate inputs from disabilities organizations).

125.The MoWECP is also developing NAP specifically addressing women with disabilities as victims of violence. Efforts for awareness raising on the importance of the protection of women with disabilities is also part of government programs, including providing a centre for information and consultation for women with disabilities. The government is also in the process of establishing a national commission on disabilities.

Marriage and family relations

Reply to Question No. 23

126.Family relations are regulated by Law No. 1/1974 on Marriage. This law was revised for the first time through Law No. 16/2019 which revised the provision as stated in the Article 7 on the minimum age of marriage, from previously 19 years old for men and 16 years old for women, to 19 years old for both men and women. This revision is aimed at protecting children especially girls, achieving gender equity, and an effort to eliminate discrimination against girls as well as preventing child marriage.

127.This change also synchronizes with Law No. 23/2002 on Child Protection which regulates the definition of children, who is a person below 18 years old.

128.The Government is also establishing a more systematic effort by drafting Government Regulation on Procedures for Dispensation to further explain technically on how marriage dispensation should be carried out. This regulation is expected to ensure maximum effort in defining the purpose of marriage. The Komnas Perempuan reported the increase of dispensation during the pandemics of COVID-19, due to poverty. The MoWECP monitors such application of the marriage dispensation so that the best interest of children and their opinion shall be the main basis of considerations.

129.To gain a better understanding of early marriage and unregistered marriage, from the religious perspectives, the MoRA conducted research in seven provinces in collaboration with local NGOs on the implementation of the Marriage Law to identify steps that the MoRA will take to address these problems. MoRA is active in raising awareness about the negative impact of religious marriage. The National Family Planning Board also launched the Planning Generation (Genre) program which aims to provide an understanding of the maturity of marriage age so that they are able to carry out education levels in a planned manner, have careers in planned work, and marry in full planning according to the reproductive health cycle. This program is expected to shape the character of the nation by staying away from early marriage, premarital sex and drugs.