Anti-discrimination law at national level?

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]