The Second Amendment to the 1945 constitution does not specifically mention
women’s rights. However, there is no single article which restricts or limits women’s
rights. Women’s rights are mentioned in both the 1998 MPR Decree on Human
Rights and Law No 39 of 1999 on Human Rights. For instance, Article 39 of MPR
Decree Noxvii/MPR/ 1998 mentions that women’s rights are similar to men’s
rights. In addition, women’s rights are to be considered as human rights in Law
No 39 of 1999 (see Article 45 ). The law stipulates that a fair representation of
women in public appointments in the executive and judiciary, and in the electoral
process, must be ensured (see Article 46 ). Other rights include the right to obtain
teaching and education, to vote and to be elected, and rights covering property in
marriage. Article 49 provides a right to be ‘appointed in work, posts and professions
in accordance with the requirements and regulations’. In addition, women have a
right to ‘special protection in performing their duties, against matters which can
threaten their safety and/or health, relating to the reproductive function.’
Those rights highlight the notion that Indonesia takes the view that women have
the same rights as men.
The human rights provisions in the Second Amendment were the result of a long
process which started during the MPR Session of 1998. From the 2000 MPR
Session meeting minutes,
26
it is safe to state that all Islamic parties supported the
human rights provisions in the Second Amendment. All Islamic political parties
agreed with the provisions since they satisfied the ‘religious values’ mentioned
below in Article 28 J( 2 ) (emphasis added):
In the enjoyment of their rights and freedoms, each person is obliged
to submit to the limits determined by law, with the sole purpose of
guaranteeing recognition and respect for the rights of others and to fulfil
the requirements of justice, and taking into consideration morality,
religious values, security, and public order, in a democratic community.
Hamdan Zoelva (a politician from the Crescent and Star Party, now a justice at the
Constitutional Court) specifically interprets this as ‘no articles on human rights in
the Second Amendment may contradict religious values’.^27 That is why his party
accepts the human rights provisions in Chapterxof the 1945 constitution. It is
worth noting that the phrase ‘religious values’ is placed alongside justice, morality,
security, public order and the concept of a democratic country. This phrase shows
that the practice of human rights may well take into account these elements, and
that the only limitation is the law itself. This phrase also indicates a pluralistic and
inclusive approach, since ‘religious values’ can also be interpreted according to the
other religions which exist in Indonesia.
(^26) See Sekretariat Jenderal MPR, Risalah Rapat ke- 6 Badan Pekerja MPR RI, 23 May 2000
(Jakarta Setjen MPR, 2000 ).
(^27) Nadirsyah Hosen,Shari’a and Constitutional Reform in Indonesia(Singapore: ISEAS,
2007 ), p. 128.