National Seminar Activity Report:

GENDER APPROACHES AND DISABILITIES IN LEGISLATION OF EMPLOYMENT

Background

The 1945 Constitution Article 27 (2) guarantees that every citizen has the right to work and a decent
living for humanity. So that every person has the right to work and to get protection of their rights

General Objectives: Gender equality and disability at work

Specific Objectives: Mainstream in the Employment Act with a gender approach and disability
protection and create the best legislation for gender equality and disability.

Date : Wednesday, August 7, 2019

Venue : Abdul Muis Room, Nusantara Building, DPR RI

Key Note speech:

H. Fadli Zon, S.S., M.Sc.

(Deputy Speaker of Indonesian House of Representatitives for Politics and Security)

Speakers : :

1. Dr. Ir. Hetifah Sjaifudian, M.P.P (Deputy Chairperson of the House of Representatives
Commission X)
2. dr. Hj. Nova Riyanti Yusuf, Sp.K.J. (Member of the Republic of Indonesia House of
Representatives Commission IX)
3. Nyimas Aliah, S.E., S. Sos., M.lkom (Assistant Deputy for the Protection of Women's Rights in
Emergencies and Special Conditions, Ministry of Women's Empowerment and Child
Protection -KPPA)
4. Drs. Nurahman, M.Sc. (Director of Placement of Domestic Workers, Ministry of
Employement )
5. DR. Ninik Rahayu, S.H., M.S (Members of the Ombudsman of the Republic of Indonesia)
6. Maulani Agustiah Rotinsulu (Indonesian Disability Women's Association)
7. Dian Septi Trisnanti (Confederation of Indonesian Labor Unions)
8. Dr. Inosentius Samsul, S.H., M.Hum. (Head of the House of Representatives Legislative
Assembly)

Moderator :

Brigita Manohara

Women Working Group 2019

1. Notes from Key Note Speaker

 A very important issue, because from the perspective of legislation is very important in order
to create a law that mainstream gender bias and disability as a form of affirmation needed
by good legislation. Based on the available data , it is still found that here are injustices
condition for women and people with disabilities, so this seminar is very important to get
the input from speakers and active participants to improve legislation on employment in
gender and disability aspects so that it is beneficial for the nation and state.

Some Highlights

 Persons with disabilities are all people who experience physical, intellectual, mental, and / or
sensory limitations in the long term that in interacting with the environment, can experience
obstacles and difficulties to participate fully and effectively with other citizens based on
equal rights (Law No. 8 of 2016 concerning Persons with Disabilities).

 People with disabilities is the priority person

 Women with disabilities have the potential to experience double discrimination, because
they are women and because they are disabled
 Women with disabilities have the same rights in social, national and state life and are
entitled to social security and so that women with disabilities can develop themselves fully
as human beings with dignity
 Women with disabilities need to be empowered so that they can play a role in national
development activities
 Women with disabilities have the ability to live independently & play a reasonable active
role in life
 In an effort to protect and empower women with disabilities in particular and people with
disabilities in general, a National Action Plan is needed

Some clauses for Gender perspective's in Legislation

 Gender is social differences between men and women, can be changed over time, have wide
variations within and between cultures, determine the division of roles, responsibilities,
opportunities, privileges, expectations and restrictions between men and women in each
culture.
 Gender-based violence (KBG) is the result of unequal gender relations, violations of human
rights whose impact on the victim is very significant, (psychological disorders, physical
disabilities and even death).
 KBG is more common happened to women and girls than men and boys.
 KBG occurs because gender construction has placed women's status as second class in
society and because of this unequal power relations, women have become very vulnerable
to violence. Men and boys can be victims of KBG such as sexual violence, especially if men
and boys are in a weak position (not in power) compared to other male or female status.

Women Working Group 2019

2. Notes from the Ministry of Women's Empowerment and Child Protection (KPPA):

The Government Role towards KPPA

- To providw skills training for women workers

- Dissemination of the Policy for the Protection of Women Workers

- To develop employment Profile Compilation

- Become an Initiator in drafting the Bill on the Elimination of Sexual Violence

- Development of a Model for the Protection of Women Workers' in Industrial Estates

- KPPA calls for the "Zero tolerance policy" campaign for acts of violence against women including
women workers, through gender mainstreaming in policies / programs throughout the Ministries
and Institutions

3. Notes rom the Director of the Placement of Domestic Workers of the Director General of
Binapenta and the Expansion of Employment Opportunities;

Every human being has the potential to become a disability;

Recommendations of Employment Law;

1. Strengthening legal protection for violations of the rights of women aas well as peoples with
disabilities as well as discriminatory actions based on one's disability;
2. Strengthening Oversight of the implementation of quotas of employment for government
agencies, BUMN and BUMD and private parties;
3. Prioritizing competency in the workforce assessment starting from recruitment and
promotion;
4. Interpreting the requirements for Physical and Spiritual Health is not intended to be
physical, sensory, intellectual and mental limitations of a person (Persons with Disabilities);
5. Ensure that general and special recruitment trails are the same in the articles of Employment
Act;
6. Special treatment and more protection for workers with disabilities including women with
disabilities who are at high risk and their vulnerability to violence within the scope of work.

Discussion :

 From women in Mining and Energy (WIME) provided information on women workers who
work in mining are still facing strong discrimination.
 Physical and spiritual health certificates to become an employee as the obstacles in working
conditions. Indonesia only has implemented a physical and spiritual health letter, this letter
does not exist abroad, for example, the United States and the European Union.

Women Working Group 2019

  There needs to be good synergy from all existing communities and organizations and
prioritizing the interests of the community / organization, so that with good cooperation will
be able to get maximum results in legislation discussion
 There is concern on a teacher in Aceh who is constrained to be appointed as a civil servant
with a work period of more than 30 years and passes the test given by the government.
 The issue of People living with HIV AIDS who are facing discrimination
 This initiation by DPR needes good integration, cannot be self-absorbed and much needed
joint commitment.

Follow up

This seminar will be followed up with the program which can be initiated of commission IX in the
House of Representatives to discuss the revision of legislation along with Badan Keahlian DPR

WWG will follow up with Commission IX.

Women Working Group 2019

Women Working Group 2019
Women Working Group 2019
Women Working Group 2019