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Manpower Ministry to issue decree on sexual violence
It is also expected to replace an outdated, less binding circular introduced some 10 years ago.
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he Manpower Ministry is preparing a decree aimed at preventing and handling cases of sexual violence in workplaces, in a move to provide stronger legal protections for workers amid an increase in reported complaints of such cases in the country.
It is also expected to replace an outdated, less binding circular introduced some 10 years ago.
“With cases of sexual violence occurring in the workplace, it became necessary [to issue a decree] to eliminate all forms of sexual violence, especially against women," Manpower Minister Ida Fauziyah told The Jakarta Post on Tuesday.
The National Commission on Violence Against Women (Komnas Perempuan) recorded 108 reports of gender based violence, including sexual violence, in the workplace throughout last year, increasing from 64 reports in 2020.
The Women's Empowerment and Child Protection Ministry, meanwhile, recorded 877 cases of violence in the workplace from 2017 to 2021, with 921 victims being working women.
Ida said the ministerial decree would stipulate mechanisms for preventing and handling cases of sexual violence in the workplace, including obligations for employers to prevent it and to form a task force to handle such cases. The document would also stipulate punishments for perpetrators, she added.
Ida said a ministerial decree would provide a more binding regulation than the circular issued in 2011, which was introduced in discussion with the Indonesian Employers Association (Apindo) and workers unions.
She did not disclose when the decree would be issued, but said she was expecting the long-awaited sexual violence bill to be passed soon so her ministerial decree could specifically regulate sexual violence cases in the workplace.
“If the sexual violence bill passes soon, [we can have] stronger sectoral rules. We will keep accommodating more input from various parties," Ida said, adding that the discussion on the decree had started last year and it was currently still being discussed with the unions and Apindo.
Read also: House expects July passage as lawmakers endorse sexual violence bill
Late last month, the House of Representatives said it was waiting for an official letter from the government to kick-start the deliberation process for the sexual violence bill. Lawmakers are currently in a three-week recess period until March 14, which has further prolonged the start of the deliberation of the bill.
Women's Empowerment and Child Protection Minister I Gusti Ayu Bintang Darmawati, who is assigned by the President to speed up the lawmaking process, said she was ready to assist and provide input on the drafting of the manpower ministerial decree to be in line with the substance of the sexual violence bill.
"We hope there will be clear links and mechanisms [with the sexual violence bill], so that if there are criminal cases of violence or harassment in the workplace, they can be processed clearly and transparently," Bintang said in a statement on Monday.
If issued, Ida’s decree will follow the footsteps of Education, Culture, Research and Technology Minister Nadiem Makarim, who last year signed a ministerial decree aimed at addressing sexual violence in universities.
Nadiem’s decree recognizes verbal, non-physical and physical sexual assault, as well as assault through information and communication technology. It covers wider forms of sexual violence that are frequently overlooked, including sexually charged jokes, catcalls, whistles and leering. Those who perpetrate sexual violence in higher education institutions could face administrative punishments.
Nadiem’s decree, however, has been rejected by some conservative Muslim groups, which have argued it contravenes religious norms in the country.
Read also: Regulation against campus sexual violence faces backlash
Activists welcomed Ida's move considering the prevalence of sexual violence cases in both the formal, such as companies, and informal sectors, which also covers cases involving domestic workers.
Komnas Perempuan commissioner Theresia Iswarini said on Tuesday the decree should recognize informal workers, including domestic workers and migrant workers.
"We have received reports of migrant domestic workers experiencing sexual violence in their transit," Iswarini said. "The regulations should be able to cover all employment spaces, both formal and informal".
The most recent case to come under the spotlight was an underage domestic worker who was raped by the employer, a police officer in Makassar, South Sulawesi. The child victim is currently being cared for by Gowa Social Rehabilitation Center under the Social Affairs Ministry, kompas.com reported.
Iswarini said the decree should also stipulate ways to help victims recover.
