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Indonesia SIGI 2019 Category High SIGI Value 2019 42% Country Indonesia SIGI 2019 Category High SIGI Value 2019 42% Discrimination in the family 63% Legal framework on child marriage 50% Percentage of girls under 18 married 14% Legal framework on household responsibilities 75% Proportion of the population declaring that children will suffer if mothers are working outside home for a pay - Female to male ratio of time spent on unpaid care work - Legal framework on inheritance 100% Legal framework on divorce 25% Restricted physical integrity 22% Legal framework on violence against women 75% Proportion of the female population justifying domestic violence 34% Prevalence of domestic violence against women (lifetime) 18% Sex ratio at birth (natural =105) 105 Legal framework on reproductive rights 50% Female population with unmet needs for family planning 14% Restricted access to productive and financial resources 37% Legal framework on working rights 75% Proportion of the population declaring this is not acceptable for a woman in their family to work outside home for a pay 32% Share of managers (male) 73% Legal framework on access to non-land assets 25% Share of house owners (male) 71% Legal framework on access to land assets 50% Share of agricultural land holders (male) 91% Legal framework on access to financial services 25% Share of account holders (male) 47% Restricted civil liberties 40% Legal framework on civil rights 0% Legal framework on freedom of movement 25% Percentage of women in the total number of persons not feeling safe walking alone at night 81% Legal framework on political participation 25% Share of the population that believes men are better political leaders than women 59% Percentage of male MP’s 80% Legal framework on access to justice 100% Share of women declaring lack of confidence in the justice system 50% Note: Higher values indicate higher inequality. Percentages range from 0 to 100, while legal variables are categorised as 0%, 25%, 50%, 75% or 100%. See data source here. Source: OECD (2019), Gender, Institutions and Development Database, https://oe.cd/ds/GIDDB2019. Indonesia 1. Discrimination in the family a) Overarching legal framework for marriage Family relations in Indonesia are governed by a combination of civil, customary, and Sharia (Islamic) law. The application of these laws is determined by the religion to which one is registered, with Muslims only permitted to marry and divorce under Islamic law (CEDAW, 2011, p.14). Marriage in Indonesia entails a religious ceremony and the law requires that both parties must be of the same religion. Four religions are recognized in Indonesia: Islam, Hinduism, Buddhism, and Christianity (Catholic/Protestant). Under the formal legal system, the Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law in Indonesia codify the legal standards that govern marriage and divorce in Indonesia, with the latter subject to conformity of the former. While there are no legal provisions which prohibit forced marriage, the law provides women with the same rights as men to enter marriage (Article 6). Article 2(1) of the 1974 Marriage Law provides that “a marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned’. This is emphasized in the implementing regulations, which require that “the marriage ceremony shall be performed according to the laws of the respective religion and faith”. The 1974 Marriage Law also requires that every marriage must be registered according to the regulations of the legislation in force. The implementing regulations state that non-Muslim marriages must be registered with the Civil Registry Office following the religious ceremony, while Muslim marriages must be registered with the local Office of Religious Affairs (1974 Marriage Law, Article 2). Many unions are not, however, formalised by registration, meaning a high proportion of women do not fall under the scope of this law (FAO, 2017). In the province of Aceh (granted special autonomy status), a strict form of Sharia law is implemented directly by the local government, prompting the CEDAW to express concern that the women of Aceh were subject to laws that severely discriminate against women with respect to family relations (CEDAW, 2012, p.15). Generally, there is a lack of legal protection for women having undertaken an interreligious marriage and Muslim women cannot marry and divorce under civil law, as they are governed only by Sharia law (CEDAW, 2012). Although polygamy is legal in Indonesia, Article 4 of Law No. 1 of 1974 on Marriage states that permission to have multiple wives can only be granted if a man can provide evidence that his first wife is unable to carry out her responsibilities as a wife, is suffering from a physical disability or falls victim to an incurable disease or is unable to bear children. The civil marriage law is intended to apply to all non-Muslim Indonesians, provided that they have registered their marriage as one of the recognized religious unions stipulated by the State. However, CEDAW shadow reports document that many marriages are not registered in Indonesia, particularly in rural areas and among religious minorities (CWGI, 2016, p.5). While the Marriage Law forbids forced marriages, the Indonesia National Commission on Violence against Women notes that in certain communities in Indonesia, there is a practice of forcing young couples into marriage when they are caught in extra-marital relations (muhrim) (Indonesia National Commission on Violence against Women, 2011, para 25). b) Child marriage The Law No. 1 of 1974 on Marriage (Article 6) provides that the legal of age of marriage is 21 for women and men, however the same law allows women to legally marry at age 16 and men at age 19 with parental consent. Parents may also petition marriage officers or district-level religious courts for an exemption to marry their daughter earlier, with no minimum age limit, which are often approved (CEDAW, 2011). In 2015, the Constitutional Court rejected a petition filed by civil society groups to revise the marriage age for women to 18, to bring it in compliance with the 1945 Constitution and the Law No. 23 of 2002 on child protection, which defines a child as being a person below the age of 18 years. While child marriage is prohibited (Law No. 1 of 1974 on Marriage, Articles 16, 20 and 22) and rates of early marriage are falling, the latter remains prevalent, especially in rural areas (CEDAW, 2011; UNICEF, 2016). The government has conducted public relations campaigns that encourage delaying marriage, continuing education for both boys and girls, limiting family size, and promoting men to take a greater role in family life (CEDAW, 2011). The practice of child marriage in Indonesia is largely driven by socioeconomic and cultural factors such as poverty, economic dependency, financial incentives and dowry practices, as well as a lack of access to education and health services (UNICEF, 2016). CEDAW (2012) expresses concern over the lack of an effective strategy to eliminate discrimination against women in marriage and the persistence of the practice of early marriage (CEDAW, 2012). Tackling child marriage is a priority in the National Mid-Term Development Plan (2015-2019) (UNCT, 2017, p.4). c) Household responsibilities Indonesia’s Marriage Law (Article 31) explicitly states that men are recognised as the head of household and women have the responsibility to manage the household (see also Civil Code, Article 105). In addition, Article 106 of the Civil Code requires that a wife must obey her husband. Men and women share parental authority equally. Accordingly, married women have the same legal rights to be guardians of their children as men (Marriage Law, Article 34). Customary, traditional, and religious practices often, however, see major decision making done by the father and home and care duties taken up by the mother (CEDAW, 2012). d) Divorce Women and men have the same rights to divorce under the civil marriage law (1974 Marriage Law, sections IV-VIII). The Compilation of Islamic Law also provides women with the right to initiate divorce. Divorce must be carried out before a court (Law No. 1 of 1974 on Marriage arts. 39(1), 40(1)). If the marriage is conducted in accordance with Islamic law, a request for dissolution needs to be submitted by the husband to an Islamic (or “Religious”) Court (Law No.1 of 1964 on Marriage, Article 63; Government Regulation No.9 of 1975 on Marriage, Art. 1). If the marriage is registered as a non- Muslim marriage, the General Courts has jurisdiction (Law No.1 of 1964 on Marriage, Article 63). A separate law relating to the Religious Courts includes provisions that apply to Muslim divorce proceedings (Law no. 7 of 1989 on the Religious Judicature, Articles 65-91). In practice, the formal law is not always followed, particularly in rural areas where cultural practices and more restrictive interpretations of Islamic law curtail women’s equality within marriage. For instance, the talaq method is quite common among husbands divorcing wives. According to Islamic tradition, it requires only that the husband repudiate his wife, announcing three times ‘I divorce you’. For record-keeping and legal purposes, this is to be done in front of witnesses and register the divorce with the court. However, religious tradition does not require it. In addition, the laws that govern the province of Aceh explicitly limit women’s rights to divorce under Sharia law (CEDAW, 2012). Although domestic violence is grounds for a woman to file for divorce, the government reported to the CEDAW Committee that in some cases, judges in religious courts are reluctant to grant a divorce under these circumstances (CEDAW, 2011, p.73) In addition, while the law requires a divorced woman to wait 40 days before remarrying, a man can remarry immediately (US State Department, 2016).
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