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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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