The rallying cry of “Hidup Perempuan Indonesia!” (Long Live Indonesian Women!) has become a noble slogan that the community echoes. However, in reality, the issue of women workers’ rights has emerged as a crucial concern in Indonesia due to the discrimination often faced by women laborers in the workplace.
The formal sector remains predominantly male-dominated, contributing to wage disparities between male and women workers. Factors such as shorter working hours, marital status, number of children, lower education levels, and prevailing cultural norms contribute to this gender wage gap.
Cultural factors highlight that society often confines women to domestic matters and does not prioritize them in economic affairs. Education regarding women workers’ maternity rights is still lacking, leading to a sense of intimidation among women workers when it comes to asserting their rights.
Gender Dynamics and the Enduring Patriarchal Framework
The social system and gender structures that surround us influence social norms, which in turn shape one’s perspective on gender. Besides that, our gender experiences, how others define us, and how we identify and express ourselves.
Repetitive occurrences normalized within the social system form the patriarchal structure in Indonesia, shaping individual conceptions of gender issues. The patriarchal system also fosters the assumption that males possess central authority.
The evolution of patriarchy in Indonesia underlies gender discrimination, distinguishing treatment and fulfillment of rights between males and females, prompting campaigns and advocacy for gender equality issues.
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Rights for women and men are perceived to have differences, along with legal protections for these rights. Women are directed towards the domestic sector, while men are directed towards the political, economic, and technological sectors. This practice has been evident since the industrial capitalism era in the 19th century.
Women, as part of the marginalized group, are considered inferior, particularly in occupations such as labor. Despite the regulation of women workers’ rights in Indonesian Labor Law No. 13 of 2003, significant differences persist in the rights and treatment received by women workers. In terms of wages, women workers tend to receive lower pay. Additionally, women workers often face sexual harassment in the workplace.
Many people consider maternity rights for women workers, as well as the available facilities, services, and guarantees, to be insufficient. According to research by Perempuan Mahardhika, four out of twenty-five women workers conceal their pregnancies due to fear of job loss.
Analysis of Employment Patterns and Wage Disparities
Based on data from the Central Statistics Agency (BPS) for the year 2021, a total of 39.52% or 51.79 million individuals aged 15 and above are employed, with women constituting this percentage. Breaking down the figures, 28.6% are engaged in sales, 24.38% in agricultural activities encompassing farming, fishing, forestry, hunting, and livestock, 20.51% in production and manual labor, 10.48% in professional and technical roles, 8.65% in the service sector, and 6.56% in executive and administrative positions.
It is noteworthy that, according to BPS data from 2017 and 2018, men continue to dominate the formal sector with percentages of 65.78% and 65.62%, respectively.
The majority of women find employment in the informal sector, characterized by unfavorable conditions such as the absence of decent job opportunities, low remuneration, inadequate worker protection, and the absence of normative rights safeguarding.
According to the National Labor Force Survey (Sakernas) data from August 2017, the average wage for male workers stood at 2.99 million, while their women counterparts earned 2.3 million.
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By August 2018, the average wage for male workers rose to 3.06 million rupiahs, with women workers earning 2.4 million rupiahs. The existing wage disparity underscores the prevalence of discrimination against women workers within the professional realm. Furthermore, contractual employment remains a prominent issue, as demonstrated by the 2017 Women’s Empowerment Survey conducted at PT. Kawasan Berikat Nusantara (KBN) Cakung, revealing that 22.9% of women garment workers remained under contract status even after a decade of service.
The marginalization of the biological structure of women and the perception that women are less productive are consequential outcomes of the prevailing patriarchal culture, both in societal and workplace contexts. Regulatory provisions pertaining to women workers’ rights are embodied in Law No. 13 of 2013 concerning Manpower, Law No. 8 of 1981 concerning Wage Protection, Minister of Manpower and Transmigration Decision No. Kep. 224/Men/2003 regarding the Obligations of Employers Employing Women Workers between 23:00 and 07:00, and Minister of Manpower Regulation No. 8 of 1989 concerning Night Work Requirements and Procedures for Employing Women at Night. Additionally, Indonesia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) through Law No. 7 of 1984. Despite the legal framework, laws and practices have not fully realized all rights accorded to women workers.
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The Manpower Law No. 13 of 2003 stipulates maternity rights. However, research conducted at KBN Cakung, involving 118 women workers, indicates that 50% of them harbor apprehensions during pregnancy due to inhospitable working conditions, minimal facilities, compulsory uncompensated overtime, fear of job termination, and the susceptibility to pregnancy-related complications.
Challenges related to breastfeeding and the absence of comprehensive education regarding lactation spaces also pose hurdles for women workers. The fact that society often trivializes menstruation further compounds these issues by inadequately socializing menstrual leave.
The overarching problems revolve around wage discrimination, threats to reproductive health, and instances of sexual harassment.
The Imperative of Advocacy: Safeguarding Women’s Rights in the Workplace
Advocacy undertaken by civil society organizations stands poised to bolster the resistance movement for women workers, encompassing both laborers and agricultural workers.
Extending support for the solidarity of women workers can actualize the freedom of association, enabling them to articulate and champion their fundamental rights. This collaborative effort aims to facilitate women workers in orchestrating campaigns and advocacy initiatives, empowering them to assert their rights, resist systemic injustices, and unify in their pursuit of equitable treatment.
Foremost among the considerations for the government is the imperative to enforce parity in rights for women workers, ensuring equitable access to dignified employment, fair remuneration, and active political participation within labor organizations. The informal sector, wherein women workers often find employment, tends to be inhospitable, characterized by inadequate job opportunities, meager wages, an absence of worker protection, and a dearth of normative rights safeguards.
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Notably, women workers in sectors such as garment, electronics, and services frequently perceive insufficient legal protection in the workplace, coupled with unmet rights. This demographic confronts exploitation, with pronounced disparities in working hours, wages, and working conditions, constituting a marginalized group within the labor force. Civil society organizations can play a pivotal role by advocating for the formation of labor unions grounded in feminist principles, thereby mitigating policies that encumber the freedom of labor unions in Indonesia.
Additionally, civil society organizations have the potential to stimulate organizing initiatives grounded in feminist perspectives, thereby fostering an integrated migrant movement dedicated to championing the rights of women and women migrant workers. By crafting diverse campaigns and tailored advocacy efforts aligned with the specific needs and demands of women workers, these organizations can contribute significantly. Consequently, there is a compelling need for educational initiatives designed to catalyze the formation of a robust women workers’ movement in Indonesia.
(Editor: Nurul Nur Azizah)
