INDICATORS
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Non discrimination
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Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.
http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
-
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.
http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
-
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957;
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.[1]
[1] http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality. The relevant laws include:
- the 1945 Constitution;
- the Labour Law (Law No. 13 of 2003 on Labour);
- Law No. 21 of 1999 and Law No. 80 of 1957
- Law No. 4 of 1997 on Disabled People; and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.1945 Constitution
The 1945 Constitution is the basis for the government of Indonesia and it carries the highest legal authority. Article 27 of the 1945 Constitution states that: (i) all citizens shall have equal status accorded by law and the government, and are obliged to respect the law and government without exception; and (ii) each citizen shall be entitled to work and to have a reasonable standard of living.
Labour Law
The prevailing Indonesian labour laws reflect anti-discrimination principles. Each employee shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination (Articles 5 and 6 of the Labour Law). The Labour Law stipulates that termination of an employment relationship shall not be permitted if it is based on the ideology, religion, political inclination, ethnic group, race, social group, gender, physical condition or marital status of the employee (Article 153 (i) of the Labour Law).
Law No. 21 of 1999 and Law No. 80 of 1957
To ensure the protection of employees’ rights and to prohibit discrimination, Law No. 21 of 1999 ratifies International Labour Organization (ILO) Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, and Law No. 80 of 1957 ratifies ILO Convention No. 100 concerning Equal Remuneration for Men and Women for Work of Equal Value.
Strengthening the equal remuneration regime, Article 3 of Government Regulation No. 8 of 1981 regarding Protection of Wages (GR 8) states that in determining an employee’s wage, an employer may not discriminate between male and female workers who perform work of equal value.
Law No. 4 of 1997 on Disabled People
Article 14 of Law No. 4 of 1997 on Disabled People requires an employer to employ a minimum of one disabled person for every 100 people it employs. The disabled employee must meet the applicable work requirements and qualifications for the given position.
High-technology companies must employ one disabled person regardless of the number of employees (i.e., even if they employ fewer than 100 people).
The elucidation of Law No. 4 of 1997 states that disabled employees are entitled to equal treatment without discrimination including, without limitation, as to wages, title and position.
Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination
Law No. 40 of 2008 prohibits discrimination on the basis of race or ethnicity in the civil, political, economic, social and cultural fields. Race is defined as a group of people based on physical characteristics and lineage. Ethnic group is defined as a group of people based on faith, norms, customs, traditions, linguistic norms, history, geography and kinship.
The above laws provide the main anti-discrimination framework for Indonesia. Filling out this framework and providing protections on issues from termination to menstruation leave are a hodgepodge of regulations and provisions.
http://www.gbgindonesia.com/en/main/legal_updates/discrimination_law_and...
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Outcomes
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36%
Poorest Quintile- 48%
Richest Quintile- 29%
Urban- 33%
Rural- 42%
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6/10
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Married by 15: 0%
Married by 18: 14%
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People’s Sovereignty over natural resources
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Under the Plant Variety Protection Act of 2000, a farmer can be jailed up to 5 years and/or 65000 Euros of fine can be levied. (However, no convictions have happened)
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Fungicides and Bactericides: 224 tonnes (1993)
Herbicides: 354 tonnes
Insecticides: 929 tonnes
Data available only for one year. Cannot comment on the trends in the usage of the three. Also, very outdated.
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Fungicides and Bactericides: 224 tonnes (1993)
Herbicides: 354 tonnes
Insecticides: 929 tonnes
Data available only for one year. Cannot comment on the trends in the usage of the three. Also, very outdated.
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Political Participation for the Right to Food
Participation is one of the fundamental human rights principles, requiring that everyone has the right to participate in making decisions that affect them. In order to ensure that those most affected by violations to the right to food and nutrition participate in political processes, it is essential to have the legal and policy infrastructure within national frameworks, as well as the participatory spaces that give meaningful space for participation.
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Legal Recognition of the Right to Food and Nutrition
Is Right to Food recognized in the legal system Read moreThe Constitution of the Republic of Indonesia implicitly guarantees the right to adequate food through broader human rights.
The Republic of Indonesia has become a State party to the International Covenant on Economic, Social and Cultural Rights in 2006 by way of accession.
State Policy
Implicit protection of the right to adequate food in State Constitution
Article 28C:
“(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind.”
Article 28H:
“(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.
(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being.”
Food Law No. 18 (2012). Indonesia was an early adopter in 1997 of a food law that covered various aspects of food security and established an institutional coordination framework, as well as a food security council chaired by the President of the Republic. It also mentioned the right to food, but did not have substantive or actionable provisions on the right or on human rights-based approaches. In 2010 the food law was thoroughly revised, and stronger elements of the right to food as well as of food sovereignty were brought in, so that the law now qualifies for a full score under the FAO indicators for framework laws. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
Directive principles of state policy
Article 28I:
“(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government.”
The Constitution of the Republic of Indonesia implicitly guarantees the right to adequate food through broader human rights.
The Republic of Indonesia has become a State party to the International Covenant on Economic, Social and Cultural Rights in 2006 by way of accession.
State Policy
Implicit protection of the right to adequate food in State Constitution
Article 28C:
“(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind.”
Article 28H:
“(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.
(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being.”
Food Law No. 18 (2012). Indonesia was an early adopter in 1997 of a food law that covered various aspects of food security and established an institutional coordination framework, as well as a food security council chaired by the President of the Republic. It also mentioned the right to food, but did not have substantive or actionable provisions on the right or on human rights-based approaches. In 2010 the food law was thoroughly revised, and stronger elements of the right to food as well as of food sovereignty were brought in, so that the law now qualifies for a full score under the FAO indicators for framework laws. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
Directive principles of state policy
Article 28I:
“(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government.”
-
Legal Recognition of the Right to Food and Nutrition
Is Right to Food recognized in the legal system Read moreThe Constitution of the Republic of Indonesia implicitly guarantees the right to adequate food through broader human rights.
The Republic of Indonesia has become a State party to the International Covenant on Economic, Social and Cultural Rights in 2006 by way of accession.
State Policy
Implicit protection of the right to adequate food in State Constitution
Article 28C:
“(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind.”
Article 28H:
“(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.
(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being.”
Food Law No. 18 (2012). Indonesia was an early adopter in 1997 of a food law that covered various aspects of food security and established an institutional coordination framework, as well as a food security council chaired by the President of the Republic. It also mentioned the right to food, but did not have substantive or actionable provisions on the right or on human rights-based approaches. In 2010 the food law was thoroughly revised, and stronger elements of the right to food as well as of food sovereignty were brought in, so that the law now qualifies for a full score under the FAO indicators for framework laws. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
Directive principles of state policy
Article 28I:
“(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government.”
The Constitution of the Republic of Indonesia implicitly guarantees the right to adequate food through broader human rights.
The Republic of Indonesia has become a State party to the International Covenant on Economic, Social and Cultural Rights in 2006 by way of accession.
State Policy
Implicit protection of the right to adequate food in State Constitution
Article 28C:
“(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind.”
Article 28H:
“(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.
(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being.”
Food Law No. 18 (2012). Indonesia was an early adopter in 1997 of a food law that covered various aspects of food security and established an institutional coordination framework, as well as a food security council chaired by the President of the Republic. It also mentioned the right to food, but did not have substantive or actionable provisions on the right or on human rights-based approaches. In 2010 the food law was thoroughly revised, and stronger elements of the right to food as well as of food sovereignty were brought in, so that the law now qualifies for a full score under the FAO indicators for framework laws. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
Directive principles of state policy
Article 28I:
“(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government.”
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National Food Security Policy
Is there a national food security policy with implementation/action? Read moreIndonesia introduced a new Food Law in 2012 that sought to strengthen the principles of food sovereignty and food self-reliance in ensuring food security by giving priority to the domestic production of staples. Self-sufficiency targets exist for 5 key staples — rice, maize, soybeans, sugar and beef. The new Indonesian government has revised the timeframe for achieving self-sufficiency to 2017 for rice, maize and soybeans, and 2019 for beef and sugar. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
The objectives of the Food Law
The food system is organized in order to: (1) increase production of food in an independent manner; (2) provide diverse food and fulfill safety, quality and nutrition requirements for consumption; (3) achieve food sufficiency level, especially staple food with reasonable and affordable prices according to the necessity of the people; (4) facilitate or improve food access for the people, especially people with food insecurity and malnutrition; (5) increase added value and competitiveness of food commodity in domestic and foreign market; (6) increase knowledge and awareness of the people concerning food safety, quality and nutrition for consumption; (7) improve welfare for farmers, fishermen, fish farmers, and food businesses; and (8) protect and develop the rich resources of national food.
The scope of implementation of the Food Law
The scope of implementation of the Food Law No. 18/2012 includes: (1) food planning; (2) food availability; (3) food affordability; (4) consumption of food and nutrition; (5) food safety; (6) food label and advertisement; (7) food control; (8) food information system; (9) food research and development; (10) food institution; (11) community participation on food; and (12) food investigation.
To foster self-sufficiency, Indonesia provides significant market price support and fertiliser subsidies to agricultural producers, amounting to around IDR 24 trillion in 2014 (USD 2 billion).
The food security programme for rice is pursued through self-sufficiency targets; price stabilisation; and a “rice for the poor” (RASKIN) programme, which delivers rice at subsidised prices, prioritising poor or near-poor households. Fertiliser and other input subsidies are also being increasingly used to stimulate domestic production.
The Food Law covers three significant areas which were not governed by the 1996 Food Law, ie imports of food; the halal requirement; and the establishment of a new non-ministerial agency in-charge of food matters.
Food Imports
The Food Law stipulates that primary food sources must originate from domestic production. Food may be imported if domestic food production and reserves are not sufficient to meet domestic demand. The Government is required to establish policies and regulations governing food imports which must not have a negative impact on the sustainability of the agri-business, food production growth, or the welfare of farmers, fishermen, fish cultivators, or micro and small food entrepreneurs.
The Food Law requires imported food to comply with food safety, quality and nutrition level requirements and must not violate religious or cultural beliefs.
The Halal Requirement
Even though the Food Law does not include “halal” in the definition of food security, a “halal” label must be affixed to certain products. However, the Food law does not provide any details or guidance on these products.
Establishment of a Non-Ministerial Food Agency
To implement Food Sovereignty, Food Sufficiency and Food Security under the Food Law, the Government will form an agency responsible for handling the food sector. The agency can propose to the President special assignments which involve state-owned enterprises in the food business sector for the production, procurement, storage and/or distribution of Staple Food and other Foods, as determined by the Government and the establishment of the agency will replace the Food Security Agency (BKP) at the Ministry of Agriculture, the Food and Drug Security Council (DKP) and the Food and Drug Supervisory Agency (BPOM).
In addition to the above, the Food Law also governs the following:
Food Sovereignty and Security
Under the Food Law, Food Sovereignty is defined as the State and Nation’s right to independently determine its food policies. This is to ensure that the public have access to food and can choose their own food systems and products.
Food Security is defined as the fulfillment of the Food needs of the state and each and every individual which is to be reflected in the availability of food which is sufficient, both in quantity and quality, safety, diversity, nutritious, widely available and affordable, and must not conflict with religious or cultural beliefs, and will support a healthy, active, productive and sustainable life.
Genetically Modified Food
Under the Food Law, genetically modified food is defined as food which is produced or uses raw materials, additives and/or other materials that result in a genetically engineered process. No one may produce food using a genetically engineered process without obtaining Food Safety approval prior to distribution.
Under this provision, genetically modified food may be distributed in Indonesia if it complies with certain requirements.
In order to achieve food security, the Government of Indonesia has issued several Laws and Regulations, among others are:
1. Law No. 12/1992 on Plant Cultivation System;
2. Law No. 16/2006 on Agricultural, Fishery and Forestry Extension System;
3. Law No. 18/2009 on Livestock and Animal Health;
4. Law No. 41/2009 on Sustainable Food Agricultural Land Protection;
5. Law No. 13/2010 on Horticulture;
6. Law No. 18/2012 on Food;
7. Government Regulation No. 68/2002 on Food Security;
8. Government Regulation No. 28/2004 on Food Safety, Quality and Nutrition;
9. Government Regulation No. 69/1999 on Food Labelling and Advertisement;
10. Presidential Decree No. 83/2006 on the Food Security Council;
11. Presidential Decree No. 22/2009 on Acceleration of Food Consumption Diversification Based on Local Resource;
12. Presidential Instruction No. 3/2012 on Government Procurement and Distribution on Paddy/Rice ;
13. Presidential Decree No. 32/2013 on the Assignment of BULOG to Secure Soybean Price and Distribution.
http://www.worldservicesgroup.com/publications.asp?action=article&artid=5102
http://bkp.pertanian.go.id/tinymcpuk/gambar/file/bookletbkp.pdf
Indonesia introduced a new Food Law in 2012 that sought to strengthen the principles of food sovereignty and food self-reliance in ensuring food security by giving priority to the domestic production of staples. Self-sufficiency targets exist for 5 key staples — rice, maize, soybeans, sugar and beef. The new Indonesian government has revised the timeframe for achieving self-sufficiency to 2017 for rice, maize and soybeans, and 2019 for beef and sugar. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
The objectives of the Food Law
The food system is organized in order to: (1) increase production of food in an independent manner; (2) provide diverse food and fulfill safety, quality and nutrition requirements for consumption; (3) achieve food sufficiency level, especially staple food with reasonable and affordable prices according to the necessity of the people; (4) facilitate or improve food access for the people, especially people with food insecurity and malnutrition; (5) increase added value and competitiveness of food commodity in domestic and foreign market; (6) increase knowledge and awareness of the people concerning food safety, quality and nutrition for consumption; (7) improve welfare for farmers, fishermen, fish farmers, and food businesses; and (8) protect and develop the rich resources of national food.
The scope of implementation of the Food Law
The scope of implementation of the Food Law No. 18/2012 includes: (1) food planning; (2) food availability; (3) food affordability; (4) consumption of food and nutrition; (5) food safety; (6) food label and advertisement; (7) food control; (8) food information system; (9) food research and development; (10) food institution; (11) community participation on food; and (12) food investigation.[1]
To foster self-sufficiency, Indonesia provides significant market price support and fertiliser subsidies to agricultural producers, amounting to around IDR 24 trillion in 2014 (USD 2 billion).
The food security programme for rice is pursued through self-sufficiency targets; price stabilisation; and a “rice for the poor” (RASKIN) programme, which delivers rice at subsidised prices, prioritising poor or near-poor households. Fertiliser and other input subsidies are also being increasingly used to stimulate domestic production.
The Food Law covers three significant areas which were not governed by the 1996 Food Law, ie imports of food; the halal requirement; and the establishment of a new non-ministerial agency in-charge of food matters.
Food Imports
The Food Law stipulates that primary food sources must originate from domestic production. Food may be imported if domestic food production and reserves are not sufficient to meet domestic demand. The Government is required to establish policies and regulations governing food imports which must not have a negative impact on the sustainability of the agri-business, food production growth, or the welfare of farmers, fishermen, fish cultivators, or micro and small food entrepreneurs.
The Food Law requires imported food to comply with food safety, quality and nutrition level requirements and must not violate religious or cultural beliefs.
The Halal Requirement
Even though the Food Law does not include “halal” in the definition of food security, a “halal” label must be affixed to certain products. However, the Food law does not provide any details or guidance on these products.
Establishment of a Non-Ministerial Food Agency
To implement Food Sovereignty, Food Sufficiency and Food Security under the Food Law, the Government will form an agency responsible for handling the food sector. The agency can propose to the President special assignments which involve state-owned enterprises in the food business sector for the production, procurement, storage and/or distribution of Staple Food and other Foods, as determined by the Government and the establishment of the agency will replace the Food Security Agency (BKP) at the Ministry of Agriculture, the Food and Drug Security Council (DKP) and the Food and Drug Supervisory Agency (BPOM).
In addition to the above, the Food Law also governs the following:
Food Sovereignty and Security
Under the Food Law, Food Sovereignty is defined as the State and Nation’s right to independently determine its food policies. This is to ensure that the public have access to food and can choose their own food systems and products.
Food Security is defined as the fulfillment of the Food needs of the state and each and every individual which is to be reflected in the availability of food which is sufficient, both in quantity and quality, safety, diversity, nutritious, widely available and affordable, and must not conflict with religious or cultural beliefs, and will support a healthy, active, productive and sustainable life.
Genetically Modified Food
Under the Food Law, genetically modified food is defined as food which is produced or uses raw materials, additives and/or other materials that result in a genetically engineered process. No one may produce food using a genetically engineered process without obtaining Food Safety approval prior to distribution.
Under this provision, genetically modified food may be distributed in Indonesia if it complies with certain requirements.[2]
In order to achieve food security, the Government of Indonesia has issued several Laws and Regulations, among others are:
1. Law No. 12/1992 on Plant Cultivation System;
2. Law No. 16/2006 on Agricultural, Fishery and Forestry Extension System;
3. Law No. 18/2009 on Livestock and Animal Health;
4. Law No. 41/2009 on Sustainable Food Agricultural Land Protection;
5. Law No. 13/2010 on Horticulture;
6. Law No. 18/2012 on Food;
7. Government Regulation No. 68/2002 on Food Security;
8. Government Regulation No. 28/2004 on Food Safety, Quality and Nutrition;
9. Government Regulation No. 69/1999 on Food Labelling and Advertisement;
10. Presidential Decree No. 83/2006 on the Food Security Council;
11. Presidential Decree No. 22/2009 on Acceleration of Food Consumption Diversification Based on Local Resource;
12. Presidential Instruction No. 3/2012 on Government Procurement and Distribution on Paddy/Rice ;
13. Presidential Decree No. 32/2013 on the Assignment of BULOG to Secure Soybean Price and Distribution.[3]
[1] http://ap.fftc.agnet.org/ap_db.php?id=182
[2] http://www.worldservicesgroup.com/publications.asp?action=article&artid=5102
[3] http://bkp.pertanian.go.id/tinymcpuk/gambar/file/bookletbkp.pdf
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National Food Security Policy
Is there a national food security policy with implementation/action? Read moreIndonesia introduced a new Food Law in 2012 that sought to strengthen the principles of food sovereignty and food self-reliance in ensuring food security by giving priority to the domestic production of staples. Self-sufficiency targets exist for 5 key staples — rice, maize, soybeans, sugar and beef. The new Indonesian government has revised the timeframe for achieving self-sufficiency to 2017 for rice, maize and soybeans, and 2019 for beef and sugar. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
The objectives of the Food Law
The food system is organized in order to: (1) increase production of food in an independent manner; (2) provide diverse food and fulfill safety, quality and nutrition requirements for consumption; (3) achieve food sufficiency level, especially staple food with reasonable and affordable prices according to the necessity of the people; (4) facilitate or improve food access for the people, especially people with food insecurity and malnutrition; (5) increase added value and competitiveness of food commodity in domestic and foreign market; (6) increase knowledge and awareness of the people concerning food safety, quality and nutrition for consumption; (7) improve welfare for farmers, fishermen, fish farmers, and food businesses; and (8) protect and develop the rich resources of national food.
The scope of implementation of the Food Law
The scope of implementation of the Food Law No. 18/2012 includes: (1) food planning; (2) food availability; (3) food affordability; (4) consumption of food and nutrition; (5) food safety; (6) food label and advertisement; (7) food control; (8) food information system; (9) food research and development; (10) food institution; (11) community participation on food; and (12) food investigation.
To foster self-sufficiency, Indonesia provides significant market price support and fertiliser subsidies to agricultural producers, amounting to around IDR 24 trillion in 2014 (USD 2 billion).
The food security programme for rice is pursued through self-sufficiency targets; price stabilisation; and a “rice for the poor” (RASKIN) programme, which delivers rice at subsidised prices, prioritising poor or near-poor households. Fertiliser and other input subsidies are also being increasingly used to stimulate domestic production.
The Food Law covers three significant areas which were not governed by the 1996 Food Law, ie imports of food; the halal requirement; and the establishment of a new non-ministerial agency in-charge of food matters.
Food Imports
The Food Law stipulates that primary food sources must originate from domestic production. Food may be imported if domestic food production and reserves are not sufficient to meet domestic demand. The Government is required to establish policies and regulations governing food imports which must not have a negative impact on the sustainability of the agri-business, food production growth, or the welfare of farmers, fishermen, fish cultivators, or micro and small food entrepreneurs.
The Food Law requires imported food to comply with food safety, quality and nutrition level requirements and must not violate religious or cultural beliefs.
The Halal Requirement
Even though the Food Law does not include “halal” in the definition of food security, a “halal” label must be affixed to certain products. However, the Food law does not provide any details or guidance on these products.
Establishment of a Non-Ministerial Food Agency
To implement Food Sovereignty, Food Sufficiency and Food Security under the Food Law, the Government will form an agency responsible for handling the food sector. The agency can propose to the President special assignments which involve state-owned enterprises in the food business sector for the production, procurement, storage and/or distribution of Staple Food and other Foods, as determined by the Government and the establishment of the agency will replace the Food Security Agency (BKP) at the Ministry of Agriculture, the Food and Drug Security Council (DKP) and the Food and Drug Supervisory Agency (BPOM).
In addition to the above, the Food Law also governs the following:
Food Sovereignty and Security
Under the Food Law, Food Sovereignty is defined as the State and Nation’s right to independently determine its food policies. This is to ensure that the public have access to food and can choose their own food systems and products.
Food Security is defined as the fulfillment of the Food needs of the state and each and every individual which is to be reflected in the availability of food which is sufficient, both in quantity and quality, safety, diversity, nutritious, widely available and affordable, and must not conflict with religious or cultural beliefs, and will support a healthy, active, productive and sustainable life.
Genetically Modified Food
Under the Food Law, genetically modified food is defined as food which is produced or uses raw materials, additives and/or other materials that result in a genetically engineered process. No one may produce food using a genetically engineered process without obtaining Food Safety approval prior to distribution.
Under this provision, genetically modified food may be distributed in Indonesia if it complies with certain requirements.
In order to achieve food security, the Government of Indonesia has issued several Laws and Regulations, among others are:
1. Law No. 12/1992 on Plant Cultivation System;
2. Law No. 16/2006 on Agricultural, Fishery and Forestry Extension System;
3. Law No. 18/2009 on Livestock and Animal Health;
4. Law No. 41/2009 on Sustainable Food Agricultural Land Protection;
5. Law No. 13/2010 on Horticulture;
6. Law No. 18/2012 on Food;
7. Government Regulation No. 68/2002 on Food Security;
8. Government Regulation No. 28/2004 on Food Safety, Quality and Nutrition;
9. Government Regulation No. 69/1999 on Food Labelling and Advertisement;
10. Presidential Decree No. 83/2006 on the Food Security Council;
11. Presidential Decree No. 22/2009 on Acceleration of Food Consumption Diversification Based on Local Resource;
12. Presidential Instruction No. 3/2012 on Government Procurement and Distribution on Paddy/Rice ;
13. Presidential Decree No. 32/2013 on the Assignment of BULOG to Secure Soybean Price and Distribution.
http://www.worldservicesgroup.com/publications.asp?action=article&artid=5102
http://bkp.pertanian.go.id/tinymcpuk/gambar/file/bookletbkp.pdf
Indonesia introduced a new Food Law in 2012 that sought to strengthen the principles of food sovereignty and food self-reliance in ensuring food security by giving priority to the domestic production of staples. Self-sufficiency targets exist for 5 key staples — rice, maize, soybeans, sugar and beef. The new Indonesian government has revised the timeframe for achieving self-sufficiency to 2017 for rice, maize and soybeans, and 2019 for beef and sugar. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf
The objectives of the Food Law
The food system is organized in order to: (1) increase production of food in an independent manner; (2) provide diverse food and fulfill safety, quality and nutrition requirements for consumption; (3) achieve food sufficiency level, especially staple food with reasonable and affordable prices according to the necessity of the people; (4) facilitate or improve food access for the people, especially people with food insecurity and malnutrition; (5) increase added value and competitiveness of food commodity in domestic and foreign market; (6) increase knowledge and awareness of the people concerning food safety, quality and nutrition for consumption; (7) improve welfare for farmers, fishermen, fish farmers, and food businesses; and (8) protect and develop the rich resources of national food.
The scope of implementation of the Food Law
The scope of implementation of the Food Law No. 18/2012 includes: (1) food planning; (2) food availability; (3) food affordability; (4) consumption of food and nutrition; (5) food safety; (6) food label and advertisement; (7) food control; (8) food information system; (9) food research and development; (10) food institution; (11) community participation on food; and (12) food investigation.[1]
To foster self-sufficiency, Indonesia provides significant market price support and fertiliser subsidies to agricultural producers, amounting to around IDR 24 trillion in 2014 (USD 2 billion).
The food security programme for rice is pursued through self-sufficiency targets; price stabilisation; and a “rice for the poor” (RASKIN) programme, which delivers rice at subsidised prices, prioritising poor or near-poor households. Fertiliser and other input subsidies are also being increasingly used to stimulate domestic production.
The Food Law covers three significant areas which were not governed by the 1996 Food Law, ie imports of food; the halal requirement; and the establishment of a new non-ministerial agency in-charge of food matters.
Food Imports
The Food Law stipulates that primary food sources must originate from domestic production. Food may be imported if domestic food production and reserves are not sufficient to meet domestic demand. The Government is required to establish policies and regulations governing food imports which must not have a negative impact on the sustainability of the agri-business, food production growth, or the welfare of farmers, fishermen, fish cultivators, or micro and small food entrepreneurs.
The Food Law requires imported food to comply with food safety, quality and nutrition level requirements and must not violate religious or cultural beliefs.
The Halal Requirement
Even though the Food Law does not include “halal” in the definition of food security, a “halal” label must be affixed to certain products. However, the Food law does not provide any details or guidance on these products.
Establishment of a Non-Ministerial Food Agency
To implement Food Sovereignty, Food Sufficiency and Food Security under the Food Law, the Government will form an agency responsible for handling the food sector. The agency can propose to the President special assignments which involve state-owned enterprises in the food business sector for the production, procurement, storage and/or distribution of Staple Food and other Foods, as determined by the Government and the establishment of the agency will replace the Food Security Agency (BKP) at the Ministry of Agriculture, the Food and Drug Security Council (DKP) and the Food and Drug Supervisory Agency (BPOM).
In addition to the above, the Food Law also governs the following:
Food Sovereignty and Security
Under the Food Law, Food Sovereignty is defined as the State and Nation’s right to independently determine its food policies. This is to ensure that the public have access to food and can choose their own food systems and products.
Food Security is defined as the fulfillment of the Food needs of the state and each and every individual which is to be reflected in the availability of food which is sufficient, both in quantity and quality, safety, diversity, nutritious, widely available and affordable, and must not conflict with religious or cultural beliefs, and will support a healthy, active, productive and sustainable life.
Genetically Modified Food
Under the Food Law, genetically modified food is defined as food which is produced or uses raw materials, additives and/or other materials that result in a genetically engineered process. No one may produce food using a genetically engineered process without obtaining Food Safety approval prior to distribution.
Under this provision, genetically modified food may be distributed in Indonesia if it complies with certain requirements.[2]
In order to achieve food security, the Government of Indonesia has issued several Laws and Regulations, among others are:
1. Law No. 12/1992 on Plant Cultivation System;
2. Law No. 16/2006 on Agricultural, Fishery and Forestry Extension System;
3. Law No. 18/2009 on Livestock and Animal Health;
4. Law No. 41/2009 on Sustainable Food Agricultural Land Protection;
5. Law No. 13/2010 on Horticulture;
6. Law No. 18/2012 on Food;
7. Government Regulation No. 68/2002 on Food Security;
8. Government Regulation No. 28/2004 on Food Safety, Quality and Nutrition;
9. Government Regulation No. 69/1999 on Food Labelling and Advertisement;
10. Presidential Decree No. 83/2006 on the Food Security Council;
11. Presidential Decree No. 22/2009 on Acceleration of Food Consumption Diversification Based on Local Resource;
12. Presidential Instruction No. 3/2012 on Government Procurement and Distribution on Paddy/Rice ;
13. Presidential Decree No. 32/2013 on the Assignment of BULOG to Secure Soybean Price and Distribution.[3]
[1] http://ap.fftc.agnet.org/ap_db.php?id=182
[2] http://www.worldservicesgroup.com/publications.asp?action=article&artid=5102
[3] http://bkp.pertanian.go.id/tinymcpuk/gambar/file/bookletbkp.pdf
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Existence of multiactor governing or decision making bodies for food policy at national, subnational and/or local level with diverse participation of civil society organizations
Read more1. Food and Drugs Supervisory Agency (BPOM)
BPOM is an institution in Indonesia that oversees the distribution of medicines and food in Indonesia. BPOM's main responsibilities are to conduct assessments and formulate national policies in the areas of drug and food supervision. BPOM is also tasked with the implementation of specific policies in the field of food and drugs supervisions. BPOM priorities are to have an effective and efficient drug and food control system in order to protect consumer security and health in Indonesia and overseas. [1]
The National Agency of Drug and Food Control (NA-DFC)
The main functions of the NA-DFC are the assessment and organization of national policy in food and drug evaluation field, the implementation of a specific policy in food and drug evaluation field, coordination of functional activities in the implementing of NA-DFC duties, monitoring and providing guidance and development on the activities of the government agencies in food and drug evaluation field.
B) Food Security Agency, Ministry of Agriculture
2. Directorate General of Standardization and Consumer Protectio- Ministry of Trade (DJSPK)
The main job of the DJSPK is to formulate and implement policy in the field of standardization and consumer protection, as well as to develop guidelines, norms, standards, procedures and criteria in the field of standardization and consumer protection.
3. The Bureau of Logistics (BULOG) is a government-owned company in Indonesia which deals with food distribution and price control.
Government of Indonesia has issued Presidential Regulation No 42/2013 concerning National Movement on Nutrition Improvement Acceleration. This regulation is a part of National Movement Nutrition Awareness and the Global Scaling Up Nutrition (SUN) Movement which has the main focus on : 1) increasing the commitment of the stakeholders to give protection and fulfillment of the community nutrition; 2) improvement of the nutrition program management through developing sectoral coordination; 3) strengthening the direct and indirect nutrition programs. Considering that the magnitude of nutrition problems has widespread and multidimensional effects, for that reason, to enhance the implementation of this regulation Coordinating Ministry of People’s Welfare will take the lead as stipulated by this regulation.[2]
[1] http://www.lexology.com/library/detail.aspx?g=9d90aa9f-05c1-42b7-88ff-2e...
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