Court verdict

Year

Number of reports

Completed cases

Remaining reports

Trial in cours

Incraht

Appeal

2017

113

63

50

62

6

2016

184

147

37

78

10

2015

109

75

34

24

17

Participation in Political and Public Life

119.Women have been elected into 17.23% seats in Parliament in 2014 General Election. In the 2015 Local Elections, 76 women were elected as Regents/Majors and Vice Regents/Vice Majors, an increase from the 46 women in the previous election cycle. In the executive branch, female civil servant encompasses just under 50 percent of overall number of civil servant in Indonesia. At the moment, there are 8 female Ministers appointed under the current cabinet, holding strategic and key positions such as Finance, Foreign Affairs, Health, Fishery, and the Environment. In 2016, women held 126 Deputy Minister positions or around 21% and also 2295 Director of Head of Bureau positions, or around 16% from the total civil servant workforce.

120.As one of Indonesia’s main national priorities, promoting the participation and role of women in politics and development has been mandated by various national laws and framework such as:

(a)Law No. 8/2012 on Elections and Law No. 2/2011 on Political Parties stipulates that all political parties must include a minimum 30% of women representation in their list of candidates;

(b)Law No.6/2014 on Villages mandates that women have to be included in the decision making process of management of the Villages;

(c)MoWECP issued Regulation No 10/2015 on the Grand Design of Women Representation in National and Local House of Representatives for General Election in 2019;

(d)Provision of training to Incumbents and Candidates of Local Government and Parliaments.

121.Furthermore, a MoU was established between MoWECP and the State Administration Agency to integrate a gender-sensitive curriculum in education and training of civil servants.

122.To enhance women’s meaningful participation in politics and decision making, Indonesia has also implemented mandatory gender mainstreaming curricula in all compulsory trainings and education at all levels. Additionally, national gender mapping in politics has also been implemented to assess the representation and needs of women, as voters and candidates, to help design effective information sharing and training programs on politics and leadership for women.

Nationality

123.The Government is fully committed to ensuring the rights of a child to a name and acquires nationality, as stipulated in the Law No. 39/1999 on Human Rights, Law No. 23/2002 on Child Protection and Law No. 12/2006 on Citizenship. The Government is targeting all children aged 018 years old be registered and issued birth certificates through the implementation of National Program for Indonesian Children 20062015.

124.Since 2010, the Government has stepped up its efforts, among others, by issuing a MoU between 8 Ministries (MoHA, MoFA, MoLHR, MoH, MoEC, MoSA, MoRA and MoWECP) on the Acceleration of Birth Certificate Ownership for Child Protection. A national forum consisting of related stakeholders has been established in 2011 to coordinate policies and actions to implement the MoU.

125.Supertajam Program Statement of absolute responsibility: Minister of Domestic Affairs Regulation No. 9 of 2016 concerning the acceleration of increasing birth certificate ownership, this Absolute Responsibility Letter is a solution issued by the Ministry of Home Affairs in providing birth certificate issuance services in order to accelerate the increase in birth certificate ownership.

126.Accordingly, related Ministries/Agencies have adopted measures to implement the MoU. For example, the MoHA has issued a circular letter ordering all health professionals and health care facilities to provide information on the importance of a birth certificate at the time of pregnancy examination and examination of the new born (neonatal visits) as well as making a letter of birth. In regard to newborn without clear backgrounds, the MoHA has issued MoHA Regulation 102/2018 which include simplified the requirements needed to make a birth certificate to just include information about the child’s birth and the name of one of the parents.

127.The Government has successfully increased the number of children with birth certificates. In 2014, there are only 31,25% of children with birth certificates and in 2018 the number of children with birth certificates have increased to 90,25% or equal to 71,828,748 children.

128.Supreme Court has released a Circular Letter No. 06/2012 to provide guidelines on the issuance of birth certificate through court for late registration (over one year after birth). MoHA also issued circular letter to governors and mayors/regents for the implementation of Supreme Court’s Circular Letter, instructing allocation of local budgets to assist issuance of late registration birth certificate.

129.The policy mentioned above aims to improve access by providing collective birth certificate application and the provision of free birth certificate for poor people. In relation to this, many local governments adopted a free of charge policy when issuing birth certificate.

130.Meanwhile, the MoEC Circular Note No. 279/MPK/KL/2012, regarding possession of birth certificate as one of the requirements for school enrolment, aimed to encourage parents to register the birth of their children, without impeding access of education for children.

131.The Government, through its Embassies and Consulates abroad, has enhanced services for Indonesian children, including children of Indonesian migrant workers, among others, to ensure access for Indonesian children in obtaining birth certificate.

132.The MoWECP has carried out advocacy programs, including by conferring awards to local governments as an appreciation for their efforts in accelerating birth certificates ownership for children since 2012.

133.Constitutional Court Decision No. 46/PUUVIII/2010 on 17 February 2012, revised the Article 43(1) of the Law No. 1/1974 on Marriage has expanded the legal status of children outside wedlock. Children born out of wedlock will be acknowledged as legitimate and have the right of civil relation with the biological parents, which include issuance of birth certificate. Supreme Court further issued circular letter No. 7/2012 instructing courts at all level to implement this judicial decision.

134.Law No. 24/2013 on Civil Administration, has further streamlined bureaucracy and provided greater access to obtain all civil documents; it is stipulated that there are no administrative costs and instructed civil registry officials at all levels to provide equal and professional services for all citizens without distinction in obtaining civil documents.

135.To provide greater access to services, the government has established civil registry offices in all 34 provinces, 416 regencies and 98 cities across Indonesia.

Education

136.Education, in particular access to education to all children, is one of the areas that the government has focused on in the past few years. Efforts to provide greater access to education include:

(a)Facilitate the School Operational Funds/Bantuan Operasional Sekolah (BOS) Program that provides fully funded education for elementary and junior high schools;

(b)Enable children from poor families to attend school through the Indonesian Smart Program/Program Indonesia Pintar (PIP). The program has distributed financial assistance to 18.7 million children in 2018; (17,927,308 children until 2019) (11,944,986 or 66.63% of which have been distributed to students, students who have disbursed PIP funds are 9,625,786 students or 80.58%);

(c)To provide sufficient and better educational infrastructure, especially in rural and remote areas, the Government, starting from 2014, has allocated more budget to build new school buildings;

(d)“Schools at the front line” program has been launched in Backward, Remote and Frontier (BRF) areas, currently there are 114 schools at the front line areas in 31 provinces;

(e)One of the Government’s efforts to improve school enrolment, particularly at the primary and secondary level, is through the Hope Family Program. Statistics show that PKH has significant impact in reducing poverty by 0.52% from 10.64% in 2016 to 10.12% in 2017. In addition, PKH also helps in reducing the level of inequality of the Gini Coefficient Index (0.397 to 0.391) as well as a decrease in the unemployment rate.

137.Indonesia allocates 20% of the State and Regional Budgets for education in the country. Since 2013, 12-year compulsory education has been introduced to extend the previous 9-year free-compulsory education. The latest initiative, known as Universal Secondary Education (USE) program covers senior high school, Madrasah Aliyah (Islamic senior high school) and vocational high school. The USE has been designed to broaden opportunity for Indonesian citizens for a quality secondary education. USE is facilitated by the government and jointly financed by central government, local governments and societies. USE is expected to accelerate the increase of gross enrolment ratio in senior high secondary schools from 78.7% to around 97% by 2020.

138.To support the implementation of 12-years Universal Secondary Education in ensuring all children have an access to secondary school, the Government of Indonesia has implemented various strategic programs such as:

(a)Construction of new schools including those in remote areas. Currently, from 7,232 sub-districts in indonesia, 6,511 sub-districts or more than 90% already have senior secondary schools;

(b)Provision of school operational subsidy that is allocated for all students both public and private at amount of $103 per student per year. The program aims to support schools to be well operated with good quality and to free poor students from all kinds of fees;

(c)Provision of scholarship for poor students. The program has been done since 1998 during the great multidimensional crisis and has been proven in keeping poor students continue their study. The program has been developed even better since 2014 with its new name “Indonesia Smart Program/KIP” in which out-of-school children are supported to return to school and to be given the scholarship. In 2019, more than 3.2 million students of senior secondary schools received KIP Program. Furthermore, to increase the quality of learning in remote areas, since 2015 the Government also implements “Front-Line Teachers Program” or Program Guru Garis Depan (GGD). More than 7000 teachers have been dispatched to schools in remote areas that lack of teachers.

139.Through Indonesia Smart Program, Indonesia has set 2019 targets, among others, to increase the number of senior high schools to 14,311 schools, with a student to school ratio of 386:1.

140.Indonesia has set a target of 50 percent upper secondary enrolment in vocational schools in 2015. Indonesia also targets to gradually improve student to teacher ratio from 15:1 in 2014, to 10:1 in 2019.

141.The various programs have aggregately contributed to increase the gross enrolment rate (GER) of senior secondary education to about 88.5% in 2018, increased from about 74.6 % in 2013. The number of senior secondary school students in academic 2018/19 is 11.83 million, including, served in 13.692 general senior secondary schools (SMA), 14.064 vocational senior secondary schools (SMK), and Islamic senior secondary school (MA). In addition, the gap in enrollment between the the poor and the rich gets closer. In 2018, the ratio of the age specific rate of children aged 1618 of the poorest quintile to the richest quintile reached 72%, much higher compared to about 45% ten years ago. The increase of enrolment rate among the poor is expected to contribute significantly in poverty elimination.

142.To ensure the availability and address uneven distribution of qualified teachers, MoEC has worked closely with local governments, both provincial and municipal, to improve teachers’ distribution especially in BRF areas. Since 2015, the Front Line Teacher Program/Guru Garis Depan (GGD) has recruited and deployed more than 7,000 teachers to 93 BRF districts/municipalities.

143.Indonesia has also been successful in improving gender equity and equality. The enrolment rates of girls and boys at all level of education are insignificantly different. However, there is a sign that drop-out rate of boys is higher than that of girls, particularly due to financial reason. The academic performance of girls is no less than that of boys. They perform even better in all subject matters at national exam at junior and senior secondary schools. The government, in this matter, needs to encourage boys to continue their education and to study better to perform as good as their girl peers.

144.To further improve the knowledge and skills of the young generation, the Government is currently developing a network of institutions based on Community College. By 2018, Indonesia expects to build 500 Community Colleges. These colleges focus on skills for jobs in manufacturing, nursing, automotive technology and other trades.

145.To develop vocational training programs, Indonesia has built 213 new school buildings, 5,438 new classrooms and rehabilitated 999 classrooms. In addition, 1,333 more labs and 363 libraries have been provided for vocational education institution. Moreover, 43 vocational schools have also been built in Papua and BRF areas.

146.Indonesia has also implemented inclusive education for children with special needs. The pilot projects for inclusive education started in nine provinces in 2012. Salatiga is a city which succesfully institutionalized inclusive education. It appointed a number of pilot projects in 2012 and issued a regulation making it manditory for all schools to accept children with special needs a year later.

147.The Government, in cooperation with the private sector, has established Community Learning Centres (CLC) in cities overseas where there is an abundence of Indonesian citizen.

148.Some Indonesian Workers, whom a majority of are women, face challenges in applying their children to public schools due to local policies. These CLCs is part of the Government’s commitment in ensuring that all Indonesian children have access to education.

Employment and Economic Participation

149.Indonesia initiated the first ever World Conference on Creative Economy in 2018, attended by 2000 participants representing governments, United Nations, and other international organizations, private sectors, creative actors, academics, and media. The forum declared commitment of participants to promote the role of women and youth in creative economy and their participation in the development, among other things via SMEs, start-ups, and the entertainment industry, which helps to enhance social cohesions and impact. The Indonesian government also promotes the role of women in ICT-based economy through capacity building in computer programming (coding) aimed at housewife and women migrant workers.

150.The attainment of gender equality and women empowerment in all sectors, including economy and development as well as employment and labour force, has become a national objective in our domestic as well as foreign policy. Indonesia has ratified the main international human rights instruments that protect the rights of women, including those relating to employment.

151.Indonesia has also enacted national legal instruments to support women’s participation in the labour force by guaranteeing equal remuneration, facilitating work-life balance and maternal care, and requiring the provision of breastfeeding rooms and maternal leave. Such laws include among others:

(a)Minister of Health Regulation No. 15/2013, which requires the provision of lactation rooms in public places;

(b)MoWECP Regulation No. 5/2015 on Facilitating Child Friendly and Gender Responsive Working Environment.

152.Women have made valuable contribution to the Indonesian labour force. According to data from the Central Statistics Agency (BPS), in 2018, the participation rate of the female workforce in August 2018 was 51.88%, an increase of 0.99% point from 2017. While the average wage of women workers was recorded at Rp 2,4 million per month in August 2018. The number of working women is 47,95 million, most women are employed in the agriculture, forestry and fisheries (26.62%), trade (23.71%), and manufacturing industries (7.1%).

153.The government supports women participation in labour by running various programmes and campaigns such as providing microfinance loans, capacity building, granting awards for leading females and public lobbying.

154.The Indonesian Government has provided wider access for women entrepreneurs to finance through various financial capital sources such as government-subsidized micro loans/Kredit Usaha Rakyat (KUR), revolving fund management institution (LPDB), community saving and loan groups or cooperatives, and micro finance institutions. Through National Program for Community Empowerment, the government also made available saving and loan program for women to access credit. This program has been conducted in almost all districts in 33 Provinces.

155.Micro entrepreneurs also receive literacy program in financial management, investment, and entrepreneurship trainings. Promotion of higher position for women in the private sectors also is carried out continuously through trainings on leadership and various programs, as well as competitions on women entrepreneurship and women carrier done by a number of partnerships of the Government of Indonesia and private sectors, including women’s media groups.

156.To improve women’s access to market, the government has been promoting the use of Information and Communication Technology (ICT) for women to simplify their work and increase business productivity. Starting in 2012, the Ministry of Information and Technology (MoIT) grants the annual “Kartini Next Generation” award to women who successfully utilize ICT in performing their work/business. Last year, there are four award categories, which are: Inspiring Women in ICT for Education, ICT for Entrepreneur, ICT for Media Creative and ICT for Community Development. This program will hopefully provide incentives for women to participate and be more active in developing ICT.

157.To promote and enhance financial inclusion, the government has also implement programs to increase access to financial services and products, including women. At the moment Indonesia’s financial inclusion is at 62 percent, which means that only 62 percent of the Indonesian adult population, mostly in urban areas, have access to financial services and products. By 2019, Indonesia is planning to increase the number to 75%.

158.In order to achieve this, the government has launched a coordinated national strategy to promote financial inclusion, to increase the access of banking services for more people, including women and in rural areas. This strategy focuses on six pillars: financial education, public financing facilities, financial information mapping, supportive regulations, distribution networks and intermediation facilities and consumer protection.

159.As a realization of this strategy, innovative programs and action plans that we have conducted so far, include:

(a)Pilot project Smart Village or “Desa Pandai” in Kudus, Central Java, which is a program to improve financial literacy in rural areas through among others, encouraging saving activities and culture since childhood; providing mentoring for establishing and managing of small medium enterprises; and improving financial management capabilities;

(b)Implementing ‘Laku Pandai’ or Branchless Financial Services Program. This program facilitate financial access for people in rural and remote areas through appointed agents without having to go to a bank. At the moment the “Laku Pandai” facilitates opening saving account for micro customers only, but in the long run will include other financial products. Agents are recruited from the community and trained accordingly. There are now more than 420 thousand “Laku Pandai” agents, including women agents;

(c)Digitalizing the transfer of social assistance funds. This is a non-cash aid provided for the poorest family. Not only does this system make transfer of social assistance more effective and accountable, but also help recipients familiarize with various banking and financial facilities.

160.For working women, Indonesia has taken supportive measures especially in work-family balance. The guarantee for maternity leave, flexible working hours for pregnant women, and providing lactation room and day care in office buildings are among the steps that have been taken to fulfil the rights of working women. To ensure the full implementation of these rights, the MoWECP continues to lobby public and private sectors to allocate integrated special space for day care and lactation in offices, apartment buildings and public places.

161.Despite the progress that has been attained, it cannot be denied that limits for women in fulfilling its maximum economic potential still exist. This is due to discriminatory practices rooted from traditional stereotypes such as many women work in the “feminine” and informal sector with low pay, or various responsibilities borne by women in unpaid care work which often prohibits women from working full time. Furthermore, when women are beginning to be better represented in national workforce, many women are found to be working in the informal sector, part-time and with no-pay (such as running family business like grocery stores or becoming farmer workers). Moving forward, Indonesia needs to increase the representation of women in strategic and leadership positions on sectors that are influential in shaping public opinion and decision making, such as business and media, to promote the enactment of gender-sensitive policies in various sectors.

162.To provide better protection for girls engaging in labour, Indonesia has enforced several measures involving legal framework as well as improving institutions and coordination mechanism at the National level (in 2017 the data for working girls aged 10–17 years was 7.47% while in 2018 it was 5.56%).

163.Establishment of a national frameworks such as the RAN-PBPTA, and the National Action Plan for Preventing and Eliminating Crimes of TIPs and Sexual Exploitation of Children/Rencana Aksi Nasional Pemberantasan Tindak Pidana Perdagangan Orang dan Eksploitasi Seksual Anak (RAN-PTPPO and ESA) 2009–2014 which provides policy coordination among relevant stakeholders, from central to local government through Regional Action Plan and Community empowerment to eliminate the worst forms of child labour.

164.RAN-PBPTA involves various Ministries/Institutions, including: MoM, MoHA, MoEC, MoSA, MoH, MoWECP, National Police, Trade Unions, Employers’ Associations and CSOs. Moreover, stronger coordination between the MoM, the Attorney General’s Office, the National Police and advocates continue to be developed to better enforce existing laws and regulations.

165.Indonesia has established a Child Labour Reduction Program that helps child labourers to get further education. During the period of 2008–2018, the program attracted 105.956 child workers back to school.

166.To ensure companies comply with RAN-PBPTA, the government has taken measures, such as:

(a)Minister of Manpower launched the “Child Labour Free Zone” program in industrial estates throughout Indonesia. Another goal of the program is to provide assistance and return child labour to the world of education in collaboration with MoEC, MoRA, MoSA, National Team for the Acceleration of Poverty Reduction/Tim Nasional Percepatan Penanggulangan Kemiskinan (TNP2K);

(b)MoWECP in association with Indonesian Association of Child Friendly Companies/Asosiasi Perusahaan Sahabat Anak Indonesia (APSAI) has also established a set of indicator as a mechanism to promote child friendly company.

Health

167.In 2014, the Government has launched National Health Insurance Scheme to cover all Indonesians by 2019. This scheme is covering more than 222 million people or 83% of total population in all public hospitals and planning to include private hospitals in the future.

168.The efforts to implement the scheme include ensuring availability and affordability of the healthcare services and facilities by sending a team of healthcare workers, especially in BRF villages; strengthening health system and improved capacity of medical personnel throughout the country; improving the availability and even distribution of medical personnel. For this, more than 800 additional medical personnel have been deployed, in which more than five medical personnel are allocated in each Puskesmas. As of 2018, the number of Puskesmas has been increased to 9993. Meanwhile, up until 2018, the number of hospitals with more than 7 medical specialists in regencies/cities has increased to 212 hospitals covering 61.63%.

169.Indonesia continuously revitalizes the Family Planning Program, by increasing awareness and education on family planning by optimizing the use of ICT; empowering communities access to family planning services; providing affordable and free treatment on family planning for married couple integrated in the Universal Health Coverage Scheme, and mobilizing the Family Welfare Movement in 289,635 Integrated Health Centres/Pos Pelayanan Terpadu (Posyandu) across the country.

170.Indonesia also continues to improve the supply and distribution of contraceptive devices and medicine; provision of medical contraceptive services and reproductive health facilities, as well as addressing infrastructure problems that hinder access to health facilities in remote areas; synchronizing financial framework between national and local budget for family planning program and enhancing the capacity of family planning field workers to provided IEC and maintaining the participation of family planning users. Understanding family planning program is socially influenced by social and economic backgrounds, hence the strategy considers the “village” as the target unit for a more comprehensive intervention.

171.Indonesia is committed ensure that every woman is entitled to the enjoyment of their health, as part of their human rights. The current government continues the national health system reform that includes improving access to health.

172.Reducing maternal mortality rate (MMR) and improving access to sexual and reproductive healthcare across the country continue to be high priority on the national agenda. The national family planning program remains crucial in improving the health and well-being of mother and children.

173.Efforts to reduce MMR are implemented by expanding access to maternal health services through increased skilled health personnel in health care centre, provision of antenatal care for mother and baby, ensuring all child delivery is conducted in health facilities, and family planning services.

174.The Government is reducing maternal and child mortality rates by implementing Childbirth Insurance Program/Jaminan Persalinan (Jampersal). Jampersal target 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.

175.The Government has also improved facility-based outreach service by increasing the quality and number of community Puskesmas which implements the Basic Emergency Obstetrics and New Born Care (BEmONC) and Comprehensive Emergency Obstetrics and New Born Care (CEmONC).

176.In 2016, the number of Puskesmas that implemented BEmONC has reached 2.707 units and the number of hospitals that implemented CEmONC has reached 650 hospitals across Indonesia.

177.The Government has increased health personnel capabilities. The distributions of general practitioners, specialists, midwives, and paramedics, have increased through, pre-service and in-services training. These efforts have resulted in the drop of MMR from 346 per 100.000 in 2010 to 305 per 100.000 in 2015.

178.Reproduction health education for adolescents has been delivered at school under collaboration between MoH and MoEC. This topic has been integrated into school curriculum and training on this topic has been conducted for teachers. For children who don’t attend school, reproduction health information is disseminated through the community, involving adolescents both as a participants and counsellors. Puskesmas also provides information on reproductive health.

179.Through the Indonesia Health Card/Kartu Indonesia Sehat, the government has provided premium subsidies to cover 92.1% of Indonesia’s poor and near poor population in 2018.

180.The Government has implemented a strategy to tackle the issue of malnutrition, especially the prevention of stunting. The Government has launched the Integrated Nutrition Intervention policy which focuses on pregnant women, children aged 0–23 months and adolescent girls. The program aims to support and provide staple foods (e.g., rice and eggs) as well as to promote better nutrition intake especially for poor families. As per January 2019, the Integrated Nutrition Intervention has been implemented in 160 districts and 1600 villages.

181.Intervention for the mitigation of HIV/AIDS, especially for the women, is conducted through the Mother to Child HIV Infection Prevention Program. The program consists of 4 focuses: infection prevention for women on reproductive age, unplanned pregnancy prevention for HIV-positive women, HIV infection prevention from HIV-positive mothers to unborn children, and psychological and social support and care for HIV-positive mothers and their families. The program has been integrated into the Mother and Child Health/Kesehatan Ibu Anak (KIA) program, Planned Parenthood/Keluarga Berencana (KB) program and child counselling services in every level of health service and has involved the private sector, CSOs and the community.

182.Indonesia also planned to eliminate the HIV, Syphilis and Hepatitis B on 2022. The primary efforts that will be taken is early detection of the virus on the pregnant women, which shall be done at first antenatal care. Doing so, it is expected to reduce the infection of HIV, Syphilis and Hepatitis B from infected mother to her baby.

Women Migrant Workers

183.Indonesia acknowledges the contribution of its migrant workers to national development and economic growth, and commits fully to the promotion and protection of their rights. President Widodo’s Nawacita reaffirms the State’s obligation to fulfil the rights of our migrant workers through priorities as follows: (i) enhancing the quality of protection of Indonesian citizens and legal entities abroad and (ii) protecting the rights and safety of migrant workers.

184.Indonesia has taken efforts to strengthen national legislations and institutional capacities and improve inter-agency coordination and policy implementation. Law No. 18/2017 was issued to shift the paradigm from its previous focus on the placement process to the protection aspect through reducing the dominating role of private recruitment agency to marketing and placement only to avoid unauthorized levy and illegal placement practices. The revised law also contains, among others: empowerment and protection mechanism for Migrant Workers’ family who are being left at the sending country; increased role of local government; the cost of migration will be borne by user instead of the migrant worker; clearer division of responsibility and authority between institutions.

185.Indonesia is also strengthening its capacity and strategy of prevention, early detection and immediate responses. These have been conducted through, among others, the integration of the priority areas on recruitment and placement mechanisms for migrant workers in RPJMN 2015–2019 and the establishment of an integrated national task force on the protection of Indonesian migrant workers. Indonesia closely and regularly supervises the activities of 570 registered migrant workers agencies all over Indonesia and takes firm actions on those who violated the code.

186.To better protect migrant workers, efforts taken include:

•Providing legal assistance to more than 27,000 (during 2012–2016) Indonesian migrant workers;

•Signing 13 bilateral agreements related to the protection and placement of migrant workers;

•Imposing a moratorium on sending domestic workers to 21 countries;

•Ensuring financial rights/unpaid wages are received by migrant workers;

•To promote the rights to education for Indonesia’s migrant workers families abroad, 263 community learning centres have been established.

187.The issue of migrant workers is trans-national in nature, requiring equivalent commitment and efforts among the origin, transit, and destination countries. In ASEAN, Indonesia has urged the establishment of a legally binding Instrument on the Protection and Promotion on the Rights of Migrant Workers and Their Families by the issuance of the ASEAN Consensus on the Promotion and Protection of Migrant Worker November 2017.

188.At global level, Indonesia consistently reaffirms its call for universal ratification of International Covenant on the Rights of All Migrant Workers and Members of Their Families (ICRMW). Within the UN, Indonesia promotes the protection of migrant workers, especially women migrant workers, including through facilitation of UNGA’s resolution to eradicate VAW migrant workers.

189.To strengthen the normative frameworks for better protection of those who work in the domestic sector in Indonesia, a bill on domestic workers is currently discussed in the Parliament. In the meantime, MoM has issued the Regulation No. 2/2015 on Protection of domestic workers to set the precondition to the adoption of the bill. In addition, MoM also issued Regulation No. 18/2018 on Social Protection for Migrant Workers which covers, pension, life insurance and personal accidents.

190.Indonesia commits to create more opportunities for better and sustainable jobs in Indonesia, including for returning migrant workers and their families. Programs on entrepreneurship and financial schemes have been introduced and support from the private sectors and national banks have been mobilized.

191.The BNP2TKI has provided capacity building training for 14,498 returning migrant workers. Currently 6,047 returning migrant workers have been empowered to initiate their business in their hometowns. The number of returning Migrant Workers who have participated in the Integrated Empowerment Program up to 2018 totalled 5,375 people, so the number of Full and Family PMIs who have participated in and given training from 2015–2018 totalled 25,223 people. With the type of business covering 3,694 people food security, 2,744 people tourism, 2,928 people creative economy, and 488 people service.

192.In 2016, Indonesia launched “Productive Migrant Village” program in Indramayu and Wonosobo regencies. Apart from ensuring better protection for Indonesia’s migrant workers and their families, the program offers to empower returning migrants with entrepreneurship skills. MoM has set up 150 productive villages in 10 provinces in 2019. RPJMN 2015–2019 three strategies to accelerate poverty alleviation include pilot projects to empower returning migrant workers with new job skills and entrepreneurship trainings to create small businesses based on local economic commodities.

193.The Indonesian Government continues to push for universal ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and stands ready to join the campaign on global ratification of this Convention. Moreover, while fully respecting the freedom of movement of its citizens, the Government continuously reviews existing protection frameworks in countries of employment for Indonesian migrant workers and recommends their deployment only to countries with adequate protection mechanism, including in the form of bilateral MoU with Indonesia.

Women Facing Multiple Forms of Discrimination

194.Indonesia commits to uphold the constitutional mandate to protect the rights of Indonesia’s “Masyarakat Hukum Adat” (MHA) or “adat” community. Towards this end, we will continue to take measures to widen their access, including women and children, to basic needs, economic infrastructure and social services.

195.Normative frameworks to recognize a certain degree of “land rights” of MHA have been developed. These frameworks also provide measures to protect the rights of MHA and increase their welfare through, inter alia, fulfilment of basic needs, widening access to job opportunities and land. They also broaden the opportunity for MHA to further integrate with mainstream social and economic system. Moreover, the draft law on MHA is already included in the 2015–2019 National Legislation Priority.

196.At the end of 2016, President Widodo presented his Decree on Land Certificate to nine MHA throughout the country. This signifies Government’s recognition of land for MHA.

197.Apart from developing normative frameworks for MHA at national level, the Government also encourages provinces in Indonesia to develop their normative frameworks. Currently, 14 provinces in Indonesia have already developed their regulations on MHA.

198.A regular program targeted to empower 3,610 family units each year continues to be implemented. From the total of 231,268 family units of MHA in Indonesia, 99,726 family units from 10 provinces have been empowered through this program.

199.The Government commits to scale up the efforts to address the remaining challenges in fulfilling the rights of MHA, including in solving disputes between MHA and state-owned enterprises on the use of land and natural resources, and eradicating stereotypes and stigmas on MHA.

200.Efforts that has been conducted by both national and local government include:

(a)Implementing policies that focus on protection of MHA, such as Minister of Home Affairs Regulation No. 52/2014 on Guidelines on the Protection of MHA;

(b)MoSA and MoHA has programs that facilitate the issuance of ID card and birth certificate. This measure is a means to recognize and protect the right of geographically isolated Adat community to have proper citizenship identity and have access to social welfare services;

(c)To increase information on legal assistance, MoLHR has conducted dissemination to law enforcement officials on Law No. 16/2011;

(d)Ministry of Environment and Forestry (MoEF) facilitate implementation of Presidential Decree No. 88/2017 on Settlement of Land Ownership in Forestry Area to various relevant ministries and institutions;

(e)Ministry of Village Development of Disadvantaged Areas, and Transmigration (MoVDDAT) has developed remote areas and communities, through enhanced economic access in 6518 villages (from disadvantaged to developed villages), exceeding the targets of the 5000 villages in 2018. Moreover, there are 2665 villages have become Desa Mandiri;

(f)MoSA also implements Isolated Adat Community Empowerment/Pemberdayaan Komunitas Adat Terpencil (PKAT);

(g)The Government also conducts regular dialogues with Adat communities on the protection and empowerment of women. As of 2019, dialogues have been conducted in 11 Regencies, resulting in recommendations and policy briefs based on respective local wisdom, conditions and needs;

(h)Awards for women in Adat Communities that have contributed to their village.

201.Gender inequality in rural communities is still high due to the lack of access to education, as well as public and economic activities. To address these challenges, several efforts to improve the livelihood of rural women include:

(a)Strengthening legislative and normative frameworks such as establishing a program called “Building Indonesia from the periphery”. This program aims to tackle poverty from the most remote and poorest areas. Towards this end, the government has issued Law No. 6/2014 on Villages to empower villagers by making them central actors in eradicating poverty within their own community. This law also promotes principles of participation, equality and empowerment. It stipulates that the foundation of building an inclusive village is through the promotion of gender equality and participation of women in socioeconomic as well as decision-making process. Hence, under this pretext rural women are encouraged to be more active in the village planning and managing of village fund programme;

(b)Law No. 5/1960 on agriculture and Law No. 7/1989 on religious court provides protection for women engaged in the agricultural sector, as it regulates access and ownership toward productive resources such as land and property for all, including among women and girls in rural areas;

(c)To improve capabilities of rural women in economic participation, the Government conducts various training and capacity building programs for women entrepreneurs and small business owners. These programs not only teach skills such as financial literacy, marketing and digital economy, but also facilitate in developing networks among women entrepreneur, including those in rural areas.

202.To alleviate poverty in rural areas, the Government has implemented programs to develop 74957 villages by increasing the fund allocation for villages from approximately US$ 1,4 billion in 2015 to approximately US$ 4,9 billion plus US$ 211 Million as Municipality Fund in 2019. As stipulated by Law No.6/2014 on Village, every village receives 10 percent of the total funds transferred by the central government from the state budget, plus 10 percent from the regional budget.

203.Law No. 40/2013 on National Social Security System and Presidential Instruction No. 7/2014 has laid out the legal framework for social protection scheme aimed at poor households. The scheme is implemented by the issuance of Prosperous Family Card through which Indonesian poor households can obtain Indonesia Smart Card and Indonesia Health Card. Until 2018, the Government has distributed Prosperous Family Card to 15.5 million poor households, Indonesia Health Card to around 92.24 million people, and Smart Indonesia Card to approximately 19.7 million school-age children. The cards include education, health and welfare programs for millions of Indonesians and a number of benefits to holders including free health insurance for the poor and 12 years free education.

204.The President has instructed to integrate and digitize all social assistance program in one card (from cash to non-cash) so that the assistance will directly reach its target. Pilot study for this project started in 2016.

205.According to the 2015 National Interdental Population Survey/Survei Penduduk Antar Sensus (Supas), there are 11.387.730 women with disabilities in Indonesia, which also covers the number of women with cognitive and movement impairments. To accommodate this matter, the Government has issued 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.

206.Other regulations related to the protection women with disabilities namely MoWECP Regulation No. 23/2010 on Establishment of Consultation Center for Women with Disabilities, and MoWECP Regulation No. 7/2012 on the Standard of Procedure for Center for Consultation and Information for Women with Disabilities.

207.Regarding to the women before the law, Indonesia has a Blueprint for Corrections Service Reform maps out reform objectives and capacity building, such as: (i) separation of female prisoners; (ii) provision of female police to approach female terrorist inmates; (iii) provision of reproductive rights and health services; and (iv) improvement of quality and quantity to support the fulfilment of reproductive rights and health.

208.In regards to women in disaster situations, the Goverment has given attention to Reproductive Health Sub Cluster (RHSC) matters by implementing Minimum Initial Service Package (MISP) as well as transmission to recovery period. MISP is a set of priority reproductive health response in emergency crisis to facilitate the needs of vulnerable groups, such as: women, pregnant women, new-borns, children and the elderly.

209.As an example, RHSC has been established in Lombok as a response to the Lombok Earthquake. Logistical assistances, funded by the MoH, UNFPA Indonesia, IBI, and AmeriCares, include individual reproductive health kits, especially for women in reproductive age, midwife/labour kits, reproductive health tents, medical devices, IEC media, and books. Services delivered in the reproductive health tents include the maternal child health (MCH), family planning, sexually transmitted diseases, VAW and children, and counselling. From August 2018 until December 2018, the RHSC in Lombok has provided various services including: 4,978 ANCs, 982 deliveries and 3,0372 family planning services.

Marriage and Family Relations

210.To strengthen family resilience, the Government has implemented a program called Puspaga. The program aims to facilitate the enhancement of family harmony, resilience and welfare through counselling and consultation.

211.Another program is the Family Welfare Consultancy Agency/Lembaga Konsultasi Kesejahteraan Keluarga (LK3) initiated by MoSA. As of 2018, there are 631 agencies that provides psychosocial supports and counselling for the families in an effort to strengthen family resilience. Several success stories of the implementation of LK3:

(a)Bengkalis Regency allocated the largest supplementary financial support to the program’s implementation;

(b)Karawang Regency puts the LK3 program as a referral partner to other public service providers (police and hospital);

(c)Cimahi City has assigned a professional social worker in each municipalities;

(d)Partnering with BAZNAS, DPRD, and several banks, Bontang City has successfully accumulated grants for program expansion;

(e)Programs such as Pekka also support family resilience through the empowerment of women as contributors to the household economy.

Ratification of Other Treaties

212.Indonesia has ratified ICRMW and the two Optional Protocols to Convention on the Rights of the Child (CRC). Since 2017, Indonesia has been taking steps in resuming its process of ratification to CPED. Meanwhile, national deliberations on the importance of signing or ratifying other international instruments continue to be exercised. In line with the on-going deliberations, Indonesia has supported the fundamental principles enshrined in various international human rights conventions and committed to incorporate them into the existing national frameworks and mechanisms.

List of abbreviation

APSAI

Indonesian Association of Child Friendly Companies/Asosiasi Perusahaan Sahabat Anak Indonesia

ASFR

Aged Specific Fertility Rate

BEmONC

Basic Emergency Obstetrics and New Born Care

BK-TKI

Migrant Worker Family Programs/Bina Keluarga TKI

BNP2TKI

National Board on The Placement and Protection of Indonesian Overseas Workers/Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia

BRF

Backward, Remote and Frontier

CBS

Central Bureau of Statistics

CEDAW

Convention on the Elimination of All Forms of Discrimination Against Women

CEF

Child Early and Forced Marriage

CEmONC

Comprehensive Emergency Obstetrics and New Born Care

CMfHDC

Coordinating Ministry for Human Development and Culture

CSO

Civil Society Organizations

ESA

Child Sexual Exploitation/Eksploitasi Seksual Anak

FDS

Family Development Session

FGM/C

Female Genital Mutilation/Circumcision

IBI

Indonesian Midwife Association/Ikatan Bidan Indonesia

ICT

Information and Communication Technology

Jampersal

Childbirth Insurance Program/Jaminan Persalinan

KKLA

Child-Friendly Regency/Cities/Kabupaten/Kota Layak Anak

Komnas HAM

National Commission on Human Rights/Komisi Nasional Hak Asasi Manusia

LK3

Family Welfare Consultancy Institution/Lembaga Konsultasi Kesejahteraan Keluarga

LPSK

Witness and Victim Protection Agency/Lembaga Perlindungan Saksi dan Korban

MISP

Minimum Initial Service Package

MoEC

Ministry of Education and Culture

MoFA

Ministry of Foreign Affairs

MoH

Ministry of Health

MoHA

Ministry of Home Affairs

MoLHR

Ministry of Law and Human Rights

Molin:

Women and Child Protection Cars/Mobil Perlindungan Perempuan dan Anak

MoM

Ministry of Manpower

MoRA

Ministry of Religious Affairs

MoSA

Ministry of Social Affairs

MoU

Memorandum of Understanding

MoWECP

Ministry of Women Empowerment and Child Protection

NAP-HR

National Action Plan on Human Rights

NHRIs

National Human Rights Institutions

P2TP2A

Integrated Service Center for Women Empowerment and Child/Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak

P3AKS

Protection and Empowerment of Women and Children in Social Conflicts/Perlindungan dan Pemberdayaan Perempuan dan Anak dalam Konflik Sosial

Pekka

Empowerment of Women Headed Household/Yayasan Pemberdayaan Perempuan Kepala Keluarga

PKH

Hope Family Program/Program Keluarga Harapan

PTPPO

Prevention of Trafficking in Persons/Pencegahan Tindak Pidana Perdagangan Orang

Puskesmas

Primary Healthcare Center/Pusat Kesehatan Masyarakat

Puspaga

Family Empowerment Center/Pusat Pembelajaran Keluarga

RAN-P3AKS

National Action Plan on the Protection and Empowerment of Women and Children in Social Conflicts/Rencana Aksi Nasional Perlindungan dan Pemberdayaan Perempuan dan Anak dalam Konflik Sosial

RAN-PBPTA

National Action Plan on the Elimination of the Worst Forms of Child Labour/Rencana Aksi Nasional Penghapusan Bentuk-Bentuk Pekerjaan Terburuk untuk Anak

RHSC

Reproductive Health Sub Cluster

RPJMN

National Medium Term Development Plan/Rencana Pembangunan Jangka Menengah Nasional

RPSA

Child Social Safehouses/Rumah Perlindungan Sosial Anak

Simfoni PPA

Information System for the Protection of Women and Children/Sistem Informasi Online Perlindungan Perempuan dan Anak

SPPA

Juvenile Justice System/Sistem Peradilan Pidana Anak

SPPT-PKKTP

Integrated Criminal Justice System on Handling Cases of VAW/Sistem Peradilan Pidana Terpadu Penanganan Kasus Kekerasan Terhadap Perempuan

Stranas PKTA

National Strategy on the Elimination of Violence against Children/Strategi Nasional Penghapusan Kekerasan Terhadap Anak

TIPs

Trafficking in Persons

Torlin

Women and Child Protection Motorcycles/Sepeda Motor Perlindungan Perempuan dan Anak

ToT

Training of Trainer

USE:

Universal Secondary Education

VAW

Violence against Women