EXECUTIVE SUMMARY
LBH APIK JAKARTA PROGRAM YEAR 2000

Introduction from the Director

In year 2000 there was an internal change in the composition of APIK leadership. According to the 2^nd congress of APIK in July 2000, a new board of APIK was elected chaired by Rita Serena Kolibonso, to replace Tumbu Saraswati. In addition to personnel change in APIK board, there was a change in the structure of APIK organization, where every LBH APIK should be under the auspices of local APIK branch. It goes without saying that this decision has a significant influence to LBH APIK Jakarta structure, which has been under direct leadership of APIK Central Board. Although legally speaking until this report was written of 2000 Nursyahbani Katjasungkana remains to be the Director of LBH APIK Jakarta (as mentioned in the Articles of Association), however internally speaking, as a consequence of the congress decision, LBH APIK Jakarta decided to stand autonomously from APIK Central Board and will be under APIK Jakarta Chapter Board to be established shortly. The same step was taken by LBH APIK in different regions, where the existing LBH APIK offices had been under the Foundations established by APIK members. This decision was also taken in order to respond to the implementation of regional autonomy to be undertaken by the government in January 2001. For that reason LBH APIK Jakarta decided to restrict its service only to Jabotabek area only. By so doing, LBH APIK Jakarta will be able to focus its service on Jabotabek community and to advocate problems of poor people of that area to the Regional Governments and Regional Houses of Representatives concerned. However, because of its position in the capital city and hence it has a unique position, LBH APIK Jakarta should continue to play its former role concerning advocacy of national policy, before this role could be taken over by APIK Central Board.

Following-up this decision, in December 2000 LBH APIK Jakarta held a conference to formulate strategic planning and practical vision for the next three years (2001 - 2003), including the change in organizational structure, work plan and details of operational budget for 2001. Apart from that, some national programs that has fallen under the responsibility of LBH APIK Jakarta, especially programs on the expansion of support base and training of national level, will be transferred to APIK Central Board, provided that as long as the latter has not been effective in the implementation of those programs they will remain under the responsibility of LBH APIK Jakarta. This step was taken in view of the fact the programs until 2003 were tied by contracts with donor agencies (USAID, NOVIB and The Ford Foundation).

Meanwhile, externally speaking, there were quite fundamental changes in general policies on women empowerment. The session of the People's Deliberative Assembly, which introduced amendments to the 1945 Constitution, was estimated to have important impact on women's role and status in the future. The second amendment to the Constitution contains new provisions on human rights, including principles of non-discrimination and affirmative action. The Indonesian Women's Coalition (KPI) was involved in the advocacy for this constitutional amendment by introducing a proposed change and campaigns through radio, tv, and public dialogue on the necessity of the inclusion of human rights, human rights of women and human rights of children in the Constitution. The whole activities of KPI related to this constitutional amendment got financial support from USAID/OTI.

Another development took place in the office of the State Minister for Women's Empowerment, which presently has had a Master Plan for National Women' Empowerment (RIPPNAS). The initial draft of this Master Plan was proposed by KPI, as a result of KPI's national workshop on Gender Mainstreaming in Public Policy in Surabaya in November 1999 with USAID/OTI support. In addition to having had RIPPNAS, the State Ministry for Women's Empowerment has also formulated a National Action Plan for the Elimination of Violence Against Women. At Bappenas (National Development Planning Board) level, in contrast with previous years where aspects of women's empowerment were not included in Five-year Development Plans, from year 2000 Bappenas has included programs and significant budget allocation for Women's empowerment program in PROPENAS (formerly called Repelita). PROPENAS is stipulated by law together with the current year's budget. Besides, Bappenas facilitates the formulation of gender mainstreaming in policies in the fields of manpower, law, education, agriculture and informal sector. What is interesting in this new policy, there is a change in the formulation process of different policies, as those institutions invite the participation of non-governmental organizations and other women's groups, including Women Study Center. For the first time, the office of the State Minister for Women Empowerment also involved women's non-governmental organizations and mass organizations in preparing report on CEDAW implementation to be submitted to the United Nations. LBH APIK Jakarta was always involved in giving inputs on the formulation of those new policies. This new development necessitates that lobbying activities of LBH APIK Jakarta should be better prepared, especially in providing position papers on problems to be advocated and or as a response to policies issued by the government decision makers.

Those changes at constitutional and program for women's empowerment levels appeared to have no impact on the formulation of the draft Bill that is being prepared by the Department of Justice, especially in relation to the Bill on Penal Code, more particularly on the chapter about sexual crime and violence. The final draft of the Bill on Penal Code recently issued by the Department of Justice is found out to be significantly different from the previous draft published in 1993. For example, the formulation of article on rape includes marital rape, where in the final draft the formulation was more rigid than the old formulation of article 285 of the Penal Code, which only sanctions rapists outside marriage. Other existing articles in the chapter on crime against decency are highly gender biased. The change of attitude of the formulators of this draft Bill is estimated to be due to the strong pressure exerted by fundamentalist groups and also religious leaders and even some women groups, which rejected the concept of marital rape since the fist time the draft Bill was made public in 1993.

Likewise concerning the Bill on Citizenship, the formulators of the Bill and also other parties persisted in rejecting the inclusion of article 9 paragraph 2 of the Convention on the Elimination of All Forms of Discrimination Against Women, obliging states to grant equal rights to both men and women to decide the citizenship of their children. Thus, in the years to come advocacy for policy, especially related to the Bill on Penal Code and on Citizenship should be intensified, although heavy challenge is foreseen.

At discourse level, women community was even aghast at the proposal submitted by the State Minister for Women Empowerment to revoke the Governmental Regulation no. 10/1983, which among others, arranges permit to conduct polygamy for civil servants. This proposal got immediate and strong reaction on the part of the First Lady, Shinta Nuriyah Wahid who stated that this regulation was still needed, especially by wives of civil servants. Similar statements were issued by Dharma Wanita as well as other women organizations and groups in different parts of Indonesia. The reason applied by the State Minister for Women Empowerment was that the state should not interfere too far into the private life of its citizens. KPI gave a strong reaction on the matter through TV and radio interviews, including with BBC radio, in addition to issuing a press release. In the main, KPI agreed with the principle of non-intervention of the state. However, in a patriarchal society where a lot of social and religious norms continue to discriminate against women, state intervention is conversely highly needed, according to the provisions of article 5 of CEDAW. KPI also warned the Minister that in issuing statements she should consider which side would benefit from the statement or the decision so issued. KPI also pointed out that such proposal was thought only to give legitimacy to some ministers in Gus Dur's cabinet, including Rizal Ramli, the Coordinating Minister for Economic Affairs, who according to an Islamic magazine (Sabili) has conducted polygamy. Presently, news about Gus Dur's affairs with Ariyanti continues to gain momentum in mass media.

The rise of Abdurrahman Wahid (Gus Dur), as a representative of the Islamic group, in the Indonesian political arena was conversely also proved to encourage fanaticism and the growth of fundamentalism. Attack on and disbandment of localization (for prostitutes) and other entertainment places resulted in special anguish and trauma in women who worked and were involved in such entertainment business. Such action also encouraged regional administrations to close down different localization and conducted sweeping operations against sexual workers who operated on the streets. In August 2000 a sexual workers and her partner were drowned after being chased by KAMTIB officials of the Special Capital District of Jakarta.

One thing is clear that Gus Dur's government, in addition to give real chance for the improvement of several policies and laws, does not give any hope for the rule of law. Gus Dur's liking to make political deals by ignoring the rule of law has extinguished the hope that this government would be able to carry out legal reform as cherished by many people, including women.

In view of the general confusion at discourse as well as at policy formulation levels and legal implementation, it seems that in the coming years it would be more difficult for women group to improve its social as well as legal status.

Jakarta, 31 December 2000

Nursyahbani Katjasungkana
Director