Nikmatullah, Nikmatullah and Musawar, Musawar (2010) In the name of regional autonomy: institutionalization of discrimination in Indonesia. Komnas Perempuan. ISBN 978-979-26-7552-8

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Abstract

ENGLISH Current national mechanisms have failed to fully ensure the constitutional rights of every citizen to be free from unfounded discrimination. The emergence of discriminatory local bylaws has taken Indonesia ever further from its ideals as a nation-state in the creation of prosperity, justice, and diversity for all. As many as 154 local bylaws − enacted at the provincial level (19 policies), district/municipal level (134 policies), and village level (one policy) between 1999 and 2009 − have become instrumental in the institutionalisation of discrimination, either in intent or as an impact. These discriminatory local bylaws have been enacted in 69 districts/municipalities in 21 pro vinces. More than half of them (80 policies) were enacted almost simultaneously between 2003 and 2005. Districts in six provinces − West Java, West Sumatra, South Kalimantan, South Sula wesi, West Nusa Tenggara, and East Java − have proved particularly enthusiastic in enforcing the discriminatory local bylaws. Only 39 local bylaws − 14 policies at the provincial level, 22 at district/municipal level, and three at village level − aim to fulfil the right of victims to reco very. Of the 154 local bylaws, 63 directly discriminate against women by restricting their right to freedom of expression (21 policies regulating dress codes), by criminalising them, thus impairing their rights to legal protection and legal certainty (37 policies on the prohibition of prosti tution), by nullifying their rights to legal protection and certainty (one policy on the prohibi tion of khalwat), and by excluding their rights to protection (four policies on migrant workers). Of the rest, 82 local bylaws regulate religious issues which fall under the jurisdiction of the national government; they impair the freedom of every citizen to worship according to his or her faith and marginalise minority groups. Nine other policies limit the freedom of the Ahma diyah group to subscribe to their own religion. All the rights being restricted or curtailed are constitutional rights guaranteed for every Indonesian citizen without exception, in particular the rights to (a) equality before the law and government, (b) freedom to express thoughts and opinions as dictated by conscience, (c) a humane and decent livelihood, (d) protection from fear to exercise their human rights, and (e) freedom from discriminatory treatment. The discriminatory policies derive from the practice of prioritising procedural democracy. This practice exploits the deficiencies in mechanisms to facilitate public participation and accoun- tability. It allows for the tyranny of the local “majority rules” mentality, which in turn enco urages image politics, is lacking in substantive protection of rights, and diminishes community independence through excessive state intervention in the affairs of religions and morality. This precedence of procedural democracy reduces the quality of democracy and may bring Indone sia into a crisis because it threatens the foundation principles of the nation-state of Indonesia.

Item Type:	Book
Subjects:	16 STUDIES IN HUMAN SOCIETY > 1699 Other Studies in Human Society > 169901 Gender Specific Studies
Divisions:	Fakultas Ushuluddin dan Studi Agama > Jurusan Ilmu Al-Qur'an dan Tafsir
Depositing User:	mrs Nuraeni S.IPi
Date Deposited:	10 Jun 2024 08:04
Last Modified:	10 Jun 2024 08:04
URI:	http://repository.uinmataram.ac.id/id/eprint/3644

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