The rapid process of discussing the draft Law on the Welfare of Mothers and Children (RUU KIA) raised many questions from women’s activists. Almost vacuum in two years, The House of Representatives of the Republic of Indonesia (DPR RI) finished RUU KIA discussion on phases of the first 1000 days of life (KIA).
On June 30th, 2022, DPR submitted an initiative proposal of RUU KIA with forming the list of problem inventory-Daftar Inventaris Masalah (DIM) by the government. According to the discussion on 3rd April and 14th June, 2023, the focus of RUU was children on phases of the first 1000 days of life.
On the DPR RI website, it stated that RUU only defined children’s phases of the first 1000 days of life, not the definition of children. The definition of children was in mothers and children protection law. The definition of the first 1,000 days of a child’s life was a person’s life starting from the formation of the fetus in the womb until the child was two years old.
There were some progression articles in RUU, such as maternity leave in 3-6 months and paternity leave in 2-3 days. Yet, women’s activists critique the name of the draft. It seemed only mothers care for their children; how was it about the single father? Did they couldn’t take care of their children? So, the RUU could perpetuate the concept of ibuisme from the new order that mothers care for their children.
There was another article about the parents should gave exclusive breast milk for 6 months. It looked like parents would take responsibility equally, but the mother produce breast milk. So, mothers needed to give breast milk and could be subject to sanctions if not given it.
Read more: Four Fundamental Critics of the Inadequate Implementation of Law on Sexual Violence Crimes
In article 6 paragraph 4C, the husband was obliged to support his wife in providing exclusive breast milk to the child for 6 months. The used word was “support”, so the husband only “supervised” their wife to give their children a breast milk.
Next, DPR would bring RUU to a second discussion at the next plenary meeting. It is scheduled for April.
After Konde.co learned about the RUU KIA with 9 chapters and 46 articles, they talked with some women activists, joined consolidation and got a chance to receive press release about the problematic of RUU KIA.
The provisions regulated Rights and Obligations, Duties and Authorities, Maternal and Child Welfare Implementation, Data and Information, Funding, and Civil Participation. According to Konde.co investigation, there were some reasons why RUU KIA was problematic. Some citizens asked RUU to be reviewed again but some of them rejected it. This were the summary:
1. Overlapping and No Urgency
Activists who joined Save All Women and Girls (SAWS) considered that RUU KIA was overlapping with Health policy no.17/2023. In the Health Law, the welfare of mothers and children was explained in article 22, 40, 41, and 43 which also regulated the health rights of mothers and children. Breastfeeding was also regulated in Article 42 of the Health Law. Currently, the Ministry of Health is drafting more detailed regulations about the health of mothers and children. This showed the minimum coordination in making policies.
Nanda Dwinta, woman activist from Yayasan Kesehatan Perempuan (YKP) – Women health foundation said that the overlapping and redundant policies should work effectively in the implementation.
“The most needed is to strengthen the existing policy. Government should focus on making derivatives of the health law” said Nanda to Konde.co, Wednesday (3/4/2024).
She explained the consequence of the new policy was extra budget. So, it was not effective to add a new policy with similar substantial.
SAWG supported Nanda’s comment by saying that the most important point was improvement of the law. The example of many regulations without further implementation was regulations regarding abortion services for victims of sexual violence and indications of medical emergencies in the Health Law and the Law on Sexual Violence Crimes (TPKS) no12/2022.
“RUU KIA should bring innovation or support others law, but if it just this, what is the urgency?” said Nanda
2. Restrictions on Women’s Bodies
Koalisi Masyarakat Sipil Antikekerasan Seksual (KOMPAKS) – Sexual Anti-Violence Coalition of Civil Society said that RUU KIA should viewed to the consequences in respect, protection and others fulfillment of women’s rights. They considered that the obligation of breast milk was to limit women’s bodies.
In RUU KIA article 12 mentioned that it is the woman’s obligation to provide exclusive breast milk from the time the child is born until he is 6 (six) months old and continue until the child is 2 (two) years old accompanied by complementary breast milk foods.
The obligation of woman started from the pregnancy until giving birth to provide breast milk was a problem because it didn’t consider the health condition, and social economy of the mothers. Mothers would still gain stigma, although there were no criminal sanctions.
“Do the welfare of mothers and children only see from breast milk feeding? RUU needs to discuss about social and health aspects”, said Naila Rizqi from KOMPAKS to Konde.com, Tuesday (3/4/2024)
Government through this RUU only wanted to control women. They should ensure mothers and children welfare.
“What should women do? Especially during their phases of the first 1000 days of life?”, she added.
3. Restrictions on Women’s Public Roles
The guarantee of maternity leave in 6 months and paternity leave in 40 days only gave restriction to women’s public roles to get a job. This created a second thought for company to recruit women’s worker or the company would do restrictions on pregnancy.
On the other side, the employment law still had many violations in giving 3 months of maternity leave. According to annual report from National Commission on Women (Komnas Perempuan), 18 female workers miscarried due to poor working conditions in 2021 and 108 cases of workplace violence in basic rights including protection of decent work and the right to freedom from discrimination and violence such as violations of maternity rights (menstrual leave, pregnancy, childbirth). Komnas Perempuan also found the restriction on employment opportunities by corporations related to women’s reproductive function.
4. Standardization of Women’s Domestic Roles
RUU KIA has potential to standardize women’s domestic roles. The difference in taking leave proved that women would get the most burden.
Support from the husband was one aspect of guaranteeing the mother’s and children’s welfare. Having a child was the agreement from the parents, so the role of parenting came from two person. Yet, RUU KIA didn’t regulate about fathers’ responsibility. There was no article about fathers’ obligation to join training how to do parenting.
Konde.co mentioned this differentiation as perpetuation of the concept of ibuisme from the New Order. It related to the restriction of women’s morality, such as the mother’s definition was a wife in the Family Resilience Bill.
On Komunitas Bambu website, Julia Suryakusuma, an intellectual feminist in Indonesia indicated that women were under pressured in the New Order. The ideal woman was mother – wife.
Ibuisme perpetuated patriarchy that was frame women in social and politic power. The scope of women was only at home.
“This shows how family build with general standard in society, that is not diverge and there is no sexual violence – this is a LGBT context” she said.
5. Discrimination of Informal Sector Workers
RUU KIA focused on maternity and paternity leave for formal sectors. In august 2023, Badan Pusat Statistik (BPS) – Statistic Indonesia recorded that Indonesia had 177.71 million workers and 87.67 million people (55.9%) worked in informal sectors.
Most women worked in informal sectors, such as domestic workers. It created a discrimination between women who worked in formal and informal sectors.
Only a few Organizations Joined a Fight for Women’s Justice
In other side, RUU KIA had only involved some women activists. Vivi Widyawati from Perempuan Mahardika criticized DPR because of this. Yet, RUU KIA talked about women’s basic life.
“The minimum of public or women organizations participation in RUU KIA. We are surprise this RUU will become a law soon” said Vivi Widyawati to Konde.co.
Mike Verawati, secretary general of Indonesia Coalition of Women – Koalisi Perempuan Indonesia (KPI) said KPI didn’t reject completely of RUU KIA but it needed a review about the harmonization with others law, the programs and monitoring.
“Some points need to be review again. How is the program and the monitoring mechanism?”, said Mike Verawati.
KOMPAKS – Civic society coalition asked DPR and government to delayed RUU KIA ratifications. Furthermore, they asked to open discussion with civil society, including the potential effect of RUU KIA toward mothers and children.
SAWG forced government and DPR to decline RUU KIA in phases of the first 1000 days of life and asked to focus in derivative of the Health Law and Law on Sexual Violence Crimes (TPKS). In addition, they forced DPR to prioritized the employment law, especially about the maternity leave, mother’s supporting leave during pregnancy based on actual needs.
