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51 J.L. Pol'y & Globalization 41 (2016)
The Effectiveness of Anti-Discrimination Laws for Job Seekers in Indonesia

handle is hein.journals/jawpglob51 and id is 42 raw text is: 


Journal of Law, Policy and Globalization                                                        wwwite org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
                                                                                                      liSlE
Vol.51, 2016

The Effectiveness of Anti-Discrimination Laws for Job Seekers in
                                              Indonesia


                                              Siti Awaliyah1
      Law and Citizenship Department, Universitas Negeri Malang, Ji. Semarang No.5 Malang, Indonesia

Abstract
Law No.13 of 2003 about employment prohibits discrimination against job seekers. Article 6 of this Law states
that every job seeker has the same opportunity to get jobs without any discrimination. However, facts in fields
show many discrimination practices, including sex and age discrimination. The discrimination is clearly stated
on the job vacancies on leaflet distributed in job fairs, on banners, also in internet. From 28 types of jobs, there
are 25 jobs for male (89%) and 3 jobs for female (11%). Maximum age limit required in various types of jobs
offered are ranging from 24-35 years old; 24 years old in 1 (1.5%) type, 25 years in 2 (3%) types, 26 years in 5
(7%) types, 27 years in 23 (34%) types, 28 years in 14 (20%) types, 30 years in 1 (1.5%) type, 33 years in 1
(1.5%) type, 35 years in 2 (3%) types.

1. Introduction
The employment problems need crucial attention from the government because they are dealing with people's
lives. This serious attention is shown in Constitution of the Republic of Indonesia Year 1945 Article 27
paragraph (2) which states Each citizen has the right to work and a decent living for humanity. Furthermore,
employment problems are regulated in the section of human rights, especially Article 28D paragraph (2) which
states Everyone has the right to work and to receive remuneration and fair treatment and decent in labor
relation. Furthermore, Article 281 paragraph (2) states that everyone reserves the right to be free from any
discriminatory treatment on any basis and to get protection against discriminatory treatments.
         One law which regulates employment problems is Law No. 13 of 2003. One of the principles in this law
is the principle of anti-discrimination. It is stated in Article 5 and 6. Article 5 states Every worker has an equal
opportunity to obtain employment without discrimination. This article forbids discrimination on job seekers.
Article 6 states Every worker is entitled an equal treatment without discrimination from employers. This article
forbids employers from discriminating the employees. Kinds of discrimination according to the explanation of
Article 5 are discrimination on gender, ethnicity, race, religion, and political affiliation or 5 forms of
discrimination. The explanation of Article 6 forbids 6 forms of discrimination, which are gender, ethnicity, race,
religion, colors of skin and political affiliation.
         The term of discrimination becomes a significant topic in the discussion relating to human rights.
Discrimination according to Black Law Dictionary is the effect of a law or established practice that confers
privileges on a certain class or that denies privileges to a certain class because of race, age, sex, nationality,
religion, or disability (Garner, 2009:534). The point is that discrimination is any treatment which does not
recognize the rights owned by others because of race, age, sex, nationality, religion, or disability. That definition
is almost the same as the definition stated in Indonesia Disctionary (Pusat Kementerian Pendidikan dan
Kebudayaan, 2014); discrimination is distinction of treatment on the fellow citizens (based on color of skin,
group, race, economic status, religion, etc). Hereinafter, the dictionary explains that discriminations commonly
happen in the society are discriminations on sex, race, racial, and social. Sex discrimination is distinction of
attitude and treatment on fellow human beings based on sex. Race discrimination is an assumption that a certain
racial group is superior compared to the others, or racism. Racial discrimination is distinction of attitude and
treatment on a community group based on color of skin. Social discrimination is distinction of attitude and
treatment on fellow human beings based on social status.
         The population is constantly increasing. In Indonesia, especially, the population increases rapidly. Fasli
Jalal, the head of Population and Family Planning Agency states that population growth rate is very rapid, of
1.49 per cent per year of the amount of the estimated population of 240 million (Prayogi, 2013). It is estimated
that there are 4-5 million new born babies every year.
         The increasing population of course implies on the increasing of job needs. Labor force is increasing
significantly from year to year. Table 1.1 shows that number of labor force in Indonesia is increasing from year
to year. Only in 2011-2013 the number was decreasing and increasing. In August 2013 the number of labor force
reached 118.19 million, decreasing by 3 million compared to the number in February 2013 which reached 121.19
million. The number of labor force was approximately 49% of the population. The number of unemployment
was 7.39 million.

'Lecturer at in the Department of Law dan Citizenship Universitas Negeri Malang, and Doctoral Student of Law Science in Universitas
Brawijaya.

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