Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law prohibits rape, domestic abuse, and other forms of violence against women. The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires a witness or other corroboration. Rape is punishable by four to 14 years in prison and a substantial fine. While the government imprisoned some perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense in law but is covered under “forced sexual intercourse” in national legislation on domestic violence and may be punished with criminal penalties.
The National Commission on Violence against Women reported receiving 2,300 complaints of violence against women in 2020, up from 1,400 in 2019 – the Commission attributed the upswing in part to social and economic impacts of the COVID-19 pandemic, as well as increased willingness of victims to report incidents. On August 24, the commission reported that in the first six months of the year, it received more than 2,500 complaints – the majority of which were domestic violence incidents. Civil society activists underscored that many cases went unreported, as many victims did not report abuse because of fear of social stigma, shame, and lack of support from friends and family.
On June 13, a 16-year-old girl was detained for questioning in West Halmahera Regency, North Maluku Province and taken to the South Jailolo Police Station. While detained the girl was raped by a police officer at the station who threatened her with jail time if she refused to have sex with him. On June 23, North Maluku police reported that the officer had been dishonorably discharged from the police and arrested pending trial for rape.
Civil society organizations operated integrated service centers for women and children in all 34 provinces and approximately 436 districts and provided counseling and support services of varying quality to victims of violence. Larger provincial service centers provided more comprehensive psychosocial services. living in rural areas or districts with no such center had difficulty receiving support services, and some centers were only open for six hours a day, not the required 24 hours. Nationwide, police operated “special crisis rooms” or “women’s desks” where female officers received reports from female and child victims of sexual assault and trafficking and where victims found temporary shelter.
In addition to 32 provincial-level antitrafficking-in-persons task forces, the government has 251 task forces at the local (district or city) level, which were usually chaired by the head of the local integrated service center or of the local social affairs office.
Female Genital Mutilation/Cutting (FGM/C): FGM/C reportedly occurred regularly. There were no recent reliable data on FGM/C. Using 2013 data, UNICEF estimated that 49 percent of girls aged 11 and younger underwent some form of FGM/C, with the majority of girls subjected to the procedure before they were six months old. National law prohibiting this practice has never been tested in court, as no one has ever been charged for performing FGM/C. The Ministry of Women’s Empowerment and Child Protection continued to lead official efforts to prevent FGM/C.
Sexual Harassment: The law prohibiting indecent public acts serves as the basis for criminal complaints stemming from sexual harassment. Violations are punishable by imprisonment of up to two years and eight months and a small fine. Civil society and NGOs reported sexual harassment was a problem countrywide.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. NGOs reported that social stigma and bullying of female students related to menstruation occurred, and that female students had inadequate access to menstrual education, hygiene products, and hygienic facilities at schools. Such inadequacy prevented female students from appropriately managing menstruation, frequently resulting in absenteeism from school during menstruation. (See the Female Genital Mutilation/Cutting subsection for additional information.)
The law recognizes the basic right of couples and individuals to decide the number, spacing, and timing of their children, but various regulations undercut its effective implementation for women. By law the government must provide information and education on reproductive health that do not conflict with religious or moral norms. NGOs reported that government officials attempted to restrict the provision of reproductive health information related to contraceptives and other services deemed as conflicting with religious or moral norms.
While condoms were widely available, regulations require husbands’ permission for married women to obtain other forms of birth control. Local NGOs reported that unmarried women found it difficult to obtain contraceptives through health-care systems. Media and NGOs reported such women were stigmatized, including by health-care staff who repeatedly asked about marital status and sometimes turned away unmarried women seeking routine procedures such as pap smears.
The UN Population Fund reported that the COVID-19 pandemic disrupted access to family planning and reproductive services. The National Agency for Population and Family Planning reported that approximately 10 percent of its clients dropped out of its programs during the pandemic.
NGOs reported that reproductive health services were not consistently provided to victims of sexual violence. NGOs reported rape victims sometimes experienced difficulties obtaining emergency contraceptives from medical providers.
According to 2017 World Health Organization data, the maternal mortality rate was 177 per 100,000 live births, down from 184 in 2016. The Ministry of Health and NGOs identified several factors contributing to the maternal mortality rate, including lack of training for midwives and traditional birth attendants, continued lack of access to basic and comprehensive emergency obstetric care, and limited availability of essential maternal and neonatal medications. Hospitals and health centers did not always properly manage complicated procedures, and financial barriers and the limited availability of qualified health personnel caused problems for referrals in case of complications. A woman’s economic status, level of education, and age at first marriage also affected maternal mortality.
Discrimination: The law provides the same legal status and rights for women and men in family, labor, property, and nationality law, but it does not grant widows equal inheritance rights. The law states that women’s work outside the home must not conflict with their role in improving family welfare and educating the younger generation. The law designates the man as the head of the household.
Divorce is available to both men and women. Many divorced women received no alimony, since there is no system to enforce such payments. The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately.
The National Commission on Violence against Women viewed many local laws and policies as discriminatory. These included “morality laws” and antiprostitution regulations.
In January media widely reported that a Christian female student was forced to wear a hijab in Padang, West Sumatra. In May the Supreme Court invalidated a government ban issued in February on such school regulations, stating that it conflicted with laws regarding the national education system, protection of children, and local government. A March report by Human Rights Watch detailed widespread and intense social pressure for women to wear hijabs in schools and government offices, in addition to requirements in official regulations. Women faced discrimination in the workplace, both in hiring and in gaining fair compensation (see section 7.d.).
The law contains provisions specifically aimed at eliminating racial and ethnic discrimination, providing criminal penalties for individuals who discriminate on ethnic/racial grounds, as well as sentencing enhancements for violent actions that include a racial or ethnic motivation. The law defines hate speech as spreading hate against a race, tribe, religion, or group. The government generally applied hate speech law in cases related to race.
NGOs reported that persons of Melanesian descent, predominantly from Papua and West Papua, faced widespread discrimination throughout the country. Persons of Melanesian descent often faced police abuse (see sections 1.c., 1.g., and 2.b.)
In a January interview, former National Intelligence Agency chief General Hendropriyono suggested that two million Papuans should be resettled away from their homeland so that they would be “racially separate from the Papuans in Papua New Guinea” and feel more Indonesian.
In January Ambroncius Nababan, chairman of the pro-president Widodo Projamin Volunteer Organization, used racist language and images of a gorilla to attack Natalius Pigai, former human rights commissioner and an ethnic Papuan, over Pigai’s criticism of the Sinovac COVID-19 vaccine.
An Amnesty International report covering protests in July and August related to the extension and revision of special autonomy found that police officers involved in arresting or causing injury to Papuan protesters had referred to them as “monkeys.”
Papuan activists emphasized that although Papua and West Papua are rich in natural resources, the local Melanesian population has historically not fully benefitted from these resources and much of the local economy has long been controlled by non-Melanesians. Statistics Indonesia, a government agency, reported that in 2020 the provinces of Papua and West Papua had the lowest Human Development Index and highest poverty rate of the country’s 34 provinces. On July 15, the House of Representatives unanimously passed a bill extending special autonomy for the provinces of Papua and West Papua, which included an increase in the yearly allocation of government funds to Papua from 2 to 2.25 percent of the national budget intended to address this inequality. Opponents of this bill claimed the economic benefits of this increase would disproportionately benefit non-Melanesians.
The government viewed all citizens as “indigenous” but recognized the existence of several “isolated communities” and their right to participate fully in political and social life. The Indigenous Peoples’ Alliance of the Archipelago estimated that between 50 and 70 million indigenous persons were in the country. These communities include the Dayak tribes of Kalimantan, families living as sea nomads, and the 312 officially recognized indigenous groups in Papua. Indigenous persons, most notably in Papua and West Papua, were subjected to discrimination.
There was little improvement in respect for indigenous persons’ traditional land rights and access to ancestral lands remained a major source of tension throughout the country. The government failed to prevent companies, often in collusion with local military and police units, from encroaching on indigenous peoples’ land. Central and local government officials were also alleged to have extracted kickbacks from mining and plantation companies in exchange for land access at the expense of indigenous peoples.
Mining and logging activities, many of them illegal, posed significant social, economic, and legal problems for indigenous communities. Melanesians in Papua cited racism and discrimination as drivers of violence and economic inequality in the region.
NGOs reported that as of January, only approximately 193 square miles of a proposed 38,610 square miles has been granted to local indigenous groups. These hutan adat (customary forest) land grants are specifically designated for indigenous groups. Nevertheless, large corporations and the government continued to displace individuals from ancestral lands. NGOs reported that security forces and police sometimes became involved in disputes between corporations and indigenous communities, often taking the side of the businesses.
From January 2020 to March 2021, Amnesty International reported 61 cases of indigenous community members arrested without due process of law – a trend the NGO identified as an attempt to criminalize indigenous community’s efforts to maintain their customary rights.
In May the West Papua government rescinded 12 licenses held by companies operating palm oil plantations in the province. The 12 licenses covered a total of 1,034 square miles. The recensions came after the provincial government collaborated with the Corruption Eradication Commission and the NGO EcoNusa to review 24 palm oil license holders for administrative and legal violations.
On May 18, security personnel from PT Toba Pulp Lestari clashed with thousands of residents in Toba Regency, North Sumatra, injuring dozens of residents. The confrontation started because of the company’s plans to plant eucalyptus trees on 2.3 square miles claimed by the local indigenous community as customary land. The conflict was part of a long-standing dispute. From 2020 to May 2021, PT Toba Pulp Lestari reported 71 members of the local indigenous community to police for a variety of offenses.
In June Human Rights Watch released an in-depth report on the operations of PT Sintang Raya’s palm oil plantations and the company’s disputes with the local indigenous community in Kubu Raya Regency, West Kalimantan Province. The report stated that government “authorities have done very little to mediate and resolve disputes” about land ownership.
Birth Registration: Citizenship is derived through the citizenship of one’s parents. If citizenship of the parents cannot be determined, or the parents lack citizenship, citizenship can be acquired by birth in national territory.
The law prohibits fees for legal identity documents issued by the civil registry. Nevertheless, NGOs reported that in some districts local authorities did not provide free birth certificates.
Education: Although the constitution states that the government must provide tuition-free education, it does not cover fees charged for schoolbooks, uniforms, transportation, and other nontuition costs. The Ministry of Education and Culture, representing public and private schools, and the Ministry of Religious Affairs for Islamic schools and madrassahs, operated a system giving students from low-income families a financial grant for their educational needs. Nonetheless, high poverty rates nationwide put education out of reach for many children.
According to the Ministry of Women’s Empowerment and Child Protection’s 2019 Children Profile Report, approximately 10.9 million children ages five to 17 had not attended school and 3.2 million children had dropped out of school.
Child Abuse: The law prohibits child abuse, but NGOs criticized the slow police response to such allegations. The law also addresses economic and sexual exploitation of children. Some provincial governments did not enforce these provisions. In April, six female primary school students alleged their school principal had sexually assaulted them in Medan, North Sumatra. In May the principal was arrested and named as a suspect by police. In May a Quran teacher in Bekasi, West Java Province, was arrested for allegedly molesting a 15-year-old female student in a mosque where he worked.
Child, Early, and Forced Marriage: The minimum marriage age for women and men is 19. Exceptions to the minimum age requirements are allowed with court approval. The courts officially permitted more than 33,000 child marriages with parental consent between January and June 2020, with 60 percent of these involving individuals younger than 18. Children’s rights activists are concerned that increased economic pressure from COVID-19 may be leading parents to resort to child marriage to reduce the economic burden on their households. The National Statistics Agency reported in 2018 that approximately 11 percent of girls in the country married before the age of 18. Provinces with the highest rates of early marriage include West Sulawesi, Central Kalimantan, Southeast Sulawesi, South Kalimantan, and West Kalimantan. The main drivers of early marriage were poverty, cultural tradition, religious norms, and lack of sexual reproductive-health education.
The reduction of child marriage is one of the targets set in the National Mid-Term Development Plan 2020-2024. The government aimed to reduce new child marriages to 8.7 percent of all marriages by 2024.
Sexual Exploitation of Children: The law forbids consensual sex outside of marriage with girls younger than 15. It does not address heterosexual conduct between women and boys, but it prohibits same-sex sexual conduct between adults and minors.
The law prohibits the commercial sexual exploitation of children and the use of children in illicit activities. It also prohibits child pornography and prescribes a maximum sentence of 12 years and a substantial fine for producing or trading in child pornography.
According to 2016 data, the most recent available from the Ministry of Social Affairs, there were 56,000 underage sex workers in the country; UNICEF estimated that nationwide 40,000 to 70,000 children were victims of sexual exploitation and that 30 percent of female commercial sex workers were children.
In February media reported that an online matchmaking service named Aisha Weddings promoted services for those between the ages of 12 and 21 on its website and advertised unregistered and polygamous marriages. The website was blocked soon after being reported. Police stated that the website was registered in a foreign country.
From April to July, a mosque administrator allegedly sexually abused 16 children in Makassar, South Sulawesi Province in the mosque. The administrator paid the victims 10 to 20 thousand IDR ($0.70 to $1.40) to agree to engage in the sexual acts. In August police arrested the man, who faces up to 15 years in prison if convicted.
Displaced Children: Ministry of Social Affairs data from December 2020 estimated there were 67,368 street children in the country. The government continued to fund shelters administered by local NGOs and paid for the education of some street children.
Institutionalized Children: The Ministry of Social Affairs reported that in 2019 183,104 children were registered in its Integrated Social Welfare Data system, of whom 106,406 were residing in 4,864 child welfare institutions; 76,698 were in family placement.
In August two orphan children at the al-Amin Orphanage in Gresik Regency, East Java Province, were abused by the son of the orphanage’s administrator. The abuser used a wire to beat the two children, aged 10 and 11. The incident was reported to police.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The country’s Jewish population was extremely small, estimated at approximately 200. There were no significant reports of anti-Semitism, but studies in recent years indicated a high level of anti-Semitic sentiment, often linked with strong anti-Israeli sentiment.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical and mental disabilities and mandates accessibility to public facilities for persons with disabilities. The law applies to education, employment, health services, transportation, and other state services but was seldom enforced. Comprehensive disability rights law provisions impose criminal sanctions for violators of the rights of persons with disabilities. Persons with disabilities were disproportionately affected by the COVID-19 crisis. They had difficulties accessing information on the pandemic, following virus-related public health strategies, and receiving health care from service providers.
According to Ministry of Women’s Empowerment and Child Protection data from 2019, approximately 650,000 children ages two to 17 have disabilities. There was no reliable data on their access to education, but observers believed it was low.
According to the General Election Commission, there were potentially 137,247 voters with disabilities out of 105 million voters registered to vote in the 2020 regional head elections. The law provides persons with disabilities the rights to vote and run for office, and election commission procedures provide for access to the polls for voters with disabilities.
Despite a government ban, NGOs reported that families, traditional healers, and staff in institutions continued to shackle individuals with psychosocial disabilities, in some cases for years. The government continued to prioritize elimination of this practice. During the COVID-19 pandemic, the practice of shackling increased, after declining for several years. According to Ministry of Health data, in the year prior to the pandemic there were 5,227 cases of shackling nationwide, but during the pandemic the number increased to 6,278 by the end of 2020, with the largest increase coming in East Java Province where the number of cases jumped from 961 to 2,302. NGOs noted a lack of public awareness of the issue.
The stigmatization of and discrimination against persons with HIV or AIDS were pervasive, despite government efforts to encourage tolerance. Societal tolerance varied widely and official fear of a backlash from religious conservatives often resulted in muted prevention efforts. Societal barriers to accessing antiretroviral drugs and their expense put these drugs beyond the reach of many. Persons with HIV or AIDS reportedly continued to face employment discrimination. Closer collaboration between the Ministry of Health and civil society organizations increased the reach of the government’s awareness campaign; however, some clinics refused to provide services to persons with HIV or AIDS.
No national law criminalizes same-sex sexual conduct, except between adults and minors. NGOs reported numerous cases of local government regulations that define same-sex sexual conduct as a form of sexual deviance. Aceh’s sharia makes consensual same-sex sexual conduct illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual conduct for them to be charged. Local organizations held anti-LGBTQI+ protests. NGOs reported that fear of prosecution under Aceh’s sharia at times caused LGBTQI+ activists to flee the province, sometimes permanently. Producing media depicting consensual same-sex sexual conduct – vaguely and broadly defined in the law – can be prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.
In August a military tribunal in North Kalimantan dismissed a soldier from service and sentenced him to seven months in prison for having same-sex intercourse. The judges stated that the soldier had violated military regulations against immorality and LGBTQI+ activities.
Antidiscrimination law does not protect LGBTQI+ individuals, and discrimination and violence against LGBTQI+ persons continued. Families often put LGBTQI+ minors into conversion therapy, confined them to their homes, or pressured them to marry persons of the opposite sex.
According to media and NGO reports, local authorities harassed transgender persons, including by forcing them to conform to cultural standards of behavior associated with their biological sex or to pay bribes following detention. In many cases, officials failed to protect LGBTQI+ persons from societal abuse. Police corruption, bias, and violence caused LGBTQI+ persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons, including refusing to investigate bullying directed at LGBTQI+ individuals. In criminal cases with LGBTQI+ victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police. Human Rights Watch Indonesia noted anti-LGBTQI+ rhetoric in the country has increased since 2016.
In 2020 Hendrika Mayora Kelan was elected to head of the consultative body of a small village in East Nusa Tenggara Province, becoming the country’s first transgender public official.
Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. NGOs reported that transgender individuals sometimes faced problems in getting COVID-19 vaccinations due to the lack of identity documents. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete. In June the Ministry of Home Affairs announced that it would start providing electronic identity cards to transgender individuals; however, the name and gender on the card would remain those given at birth, absent a court order showing a change of name or gender.
LGBTQI+ NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain or they were pressured by police not to hold such events to avoid creating “social unrest.”
Individuals diagnosed with or suspected of having the COVID-19 virus faced discrimination in their communities.
Individuals suspected of using black magic were often targets of violence. In May prisoners in Merauke, Papua, killed two ethnic Marind prisoners accused of using magic to curse other prisoners. In May, three men killed a farmer in the Kangean Islands for his suspected use of magic to kill a woman.