Indonesia is the most populous Muslim country in the world; more than 85 per cent of its 235 million citizens are Muslims. Much of Indonesian legislation emphasises the importance of equal opportunities for men and women, but secular laws co-exist with Islamic principles and traditional customs that affect the lives of Indonesian women.
The situation of Indonesian women varies amongst regions and ethnic groups. Typical stereotypes and sex roles prevail in rural areas, where men are perceived as the bread winners and women as mothers and wives. Although 50 per cent of Indonesian women are economically active, their level of protection within the economy remains limited. Outside the agriculture sector, they constitute only 30 per cent of salaried employees.
The situation of Indonesian women within the family context is difficult. The legal age of marriage is 16 years for women and 18 years for men. Although marriage patterns vary between regions and ethnic groups, early marriage is prevalent in rural areas; it is common practice to marry 16-year-old girls to men who are much older. According to a 1998 National Social Economic Survey, as many as 16 per cent of girls in West Java were married before the age of 16. On a national scale, a 2004 United Nations report estimated that 13 per cent of all Indonesian girls between 15 and 19 years of age were married, divorced or widowed.
As Islamic law allows for polygamy, a Muslim man in Indonesia may take as many as four wives, provided that he treats them fairly and can provide adequate financial support. The Marriage Law of 1974 states that permission to have multiple wives can 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 BBC News reports that Indonesian civil servants are prohibited from practising polygamy. A recent government proposal to extend this restriction to all public servants led to protests by the country’s Muslim parties.
Indonesia’s Marriage Law considers men to be the head of the house but parental authority is shared equally by men and women. Practical household duties, including child rearing, are generally carried out by women.
Inheritance practices vary between different regions and ethnic groups. Islamic law and many traditional customs tend to favour male heirs over female heirs. Yet a recent study by Cunningham shows that some groups pass down land rights through matrilineal relations — i.e. from mothers to daughters.
Indonesia has established various laws to protect the physical integrity of women, but these are not always enforced. Although data is scarce, some evidence suggests that violence against women is common in Indonesia. Domestic violence is considered a private matter and incidents are rarely reported. According to a 2003 Demographic and Health Survey, almost 25 per cent of women who are or once were married agree that a husband is justified in beating his wife for any of the following reasons: she burns the food; she argues with him; she goes out without telling him; she neglects the children; or she refuses to have sex with him.
In April 2006, the Ministry of Health banned the practice of female genital mutilation (FGM), officially making it illegal for doctors and nurses to perform the procedure. FGM is still practised in some parts of the country by groups claiming the act is largely symbolic and not a real threat to women’s health. The US Department of State reports that, thus far, violators of the ban (including those who have performed symbolic female circumcision) have not faced prosecution.
Rape is a punishable offence in Indonesia but legislation does not recognise spousal rape.
Trafficking and prostitution pose serious threats for Indonesian girls and women, particularly those who are poor and lack education. Although sexual harassment is considered a crime, it is common in daily life. As reported by the US Department of State, a study conducted by the Indonesian Ministry of Health in 2004 found that 90 per cent of women (and 25 per cent of men) claimed to have been subjected to some form of sexual harassment in the workplace.
There is no evidence to suggest that Indonesia is a country of concern in relation to missing women.
Indonesia’s Civil Code stipulates that men and women have equal ownership rights. Women have full rights concerning access to land; as noted above, some societies favour women in terms of land inheritance. A study by the UN Food and Agricultural Organization nonetheless shows that it is more common for patriarchal traditions and norms to limit women’s access to productive resources.
Women in Indonesia have legal rights to access to property other than land. In the event of divorce, both spouses retain whatever property they owned individually prior to the marriage and must divide equally any joint property.
Women also have access to bank loans and credit, and have the right to independently conclude contracts. Some discrimination can be observed, however. For example, husbands are entitled to have private tax numbers, whereas wives must be included in the record of their husbands.
Legislation in Indonesia fully protects women’s civil liberty – at least in theory. Women have freedom of movement in general, but Islamic Sharia law imposes restrictions in certain areas. For example, the US Department of State reports that a regulation issued in 2005 in the city of Tangerang (Banten province) prohibits women who “behave as prostitutes” and are unaccompanied by male relatives from frequenting public areas after nightfall.
There are no national restrictions on women’s freedom of dress, but some regions impose dress codes. Women in Banda Aceh are expected to dress in compliance with Sharia. In West Sumatra, female civil servants are required to wear headscarves – regardless of religious affiliation.
BBC (British Broadcasting Corporation) News (2006), Indonesia Head Mulls Polygamy Ban, http://news.bbc.co.uk/2/hi/asia-pacific.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Indonesia, Combined Fourth and Fifth Periodic Reports of States Parties, CEDAW/C/IDN/4-5, CEDAW, New York, NY.
Cunningham, C. (2007), Indonesia: Inheritance, http://family.jrank.org/pages/867/Indonesia-Inheritance.html.
FAO (Food and Agriculture Organization) (2004), Fact Sheet Indonesia: Women in Agriculture, Environment and Rural Production, FAO Regional Office for Asia and the Pacific, Bangkok.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Indonesia, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
BPS (Badan Pusat Statistik-Statistics Indonesia) and ORC Macro (2003), Indonesia Demographic and Health Survey 2002-2003, BPS and ORC Macro, Calverton, MD.
