Eradicating Gender Discrimination in Working Place in Indonesia
Pelita Harapan University, Lippo Village Street, Karawaci, Tangerang, Indonesia
ABSTRACT
Along with the globalization era, the roles and lives of women has been developing with significant changes. Indonesia with labor force (age 15 - 65 years old) of 186,100,917 of which 93,236,903 are dominated by women. Until now they are still facing a problem of women discrimination in working place. In Indonesia, Law No. 13 Year 2003 concerning Manpower (Labor Law) has regulated several protective measure for women such as: 3 months maternity leave, 1.5 months miscarriage leave, 2 days monthly leave for menstruation and so on. Further, Article 5 of Labor Law and Law No. 21 Year 1999 concerning the Ratification of ILO No. 111 have provided guarantees for gender equality in the working place. However, some of these rules are not equipped with sanctions for violating companies and it becomes even worse if the manpower office monitoring is not implemented well. The mandate of Article 5 of Labor Law to eliminate discrimination in the working place is far to be realized. As John Rawls’s Theory says that social and economic inequalities are to be arranged so that the weakest group can reach a justice. On the other hand, there is capability issue of women’s from treatment the real life. Due to globalization wave in Indonesia, it will be the time to discuss the gender concept and labor law. The purpose of this research is to eradicate or to reduce the discriminatory treatment against women in workplace, so that women will have equal position to reach the same wages and same carrier opportunity. It is expected that this study will provide an input to the government to amend the existing law or to create new law in order to reduce the rate of gender discrimination in the working place. This research method will use doctrinal legal research with conceptual approach to understand the concept of gender equality, and statute approach to know the legal hierarchy and the principles contained in Labor Law and Law No. 21 Year 1999. The qualitative study will apply on this research. The Law No. 13 must be revised in order that gender discrimination including power and sexual harassment against women in workplace can be reduced significantly.
KEYWORDS
Discrimination, gender, women, working place, employment, workers