It is an unfortunate fact that Indonesia has numerous laws that discriminate against certain groups of citizens, often on the basis of gender and ethnic affiliation. Many of these laws were passed after 2003, when regional autonomy was given to local legislators so that they could pass bylaws, which were meant to accommodate different cultural groups but often ended up being used as a tool to enforce the will of the majority, in conflict with the country’s constitution.
The National Commission on Violence against Women (Komnas Perempuan) recently issued the results of a study that found that there were a whopping 421 discriminatory government policies that were passed from 2009 to August 2016. Most of them were passed at the local level.
These policies, according to Komnas Perempuan Chairperson Azriana, are often based on morality and religion, with the goal of unlawfully controlling people’s actions.
“Through these policies, local governments can criminalize actions that should be guaranteed by the constitution, for example, the right to assemble can be regarded as immoral,” Azriana said yesterday as quoted by CNN Indonesia.
Azriana said laws that are based on religious ideals are often used to deny the rights of Indonesian citizens.
“These policies discriminate based on the rules of morality and religion, such as limiting the right of transsexuals to work, artists to earn a living, or even penalizing people who want to convert,” she said.
Azriana also mentioned laws that regulate how people should dress, such as forcing anybody to wear hijabs, was another form of unconstitutional discrimination.
Most of the laws reported on by Komnas Perempuan discriminated against women, which, according to Azriana, is a result of the patriarchal system embraced by most Indonesians in which women are treated as second class citizens. And while over half of these laws were passed at the local level, many also still existed at the district, provincial and national level as well.
Azriana called on the government to fulfil its constitutional duty of protecting all citizens equally by examining and abolishing discriminatory policies at all levels of the government.
Earlier this year, the President Joko Widodo announced plans to scrap thousands of bylaws in order to make Indonesia “a grand and tolerant nation” but activists were severely disappointed that the vast majority of laws that were removed were related to trade and business.
