The Issue of Human Rights

The present constitution of Indonesia contains several chapters on human rights. Equal treatment before the law, non-discrimination among citizens, the right to have jobs and education, freedom of association and expression, and freedom of religion are all mentioned in the constitution. But in practice, some straying from these ideals have occurred. As many Asian countries, Indonesian takes the view that human rights should be interpreted locally and that the country should not follow the Western interpretation of it blindly (Budiardjo 1991). Promotion and protection of these rights must be conducted in a way that balances individual and collective rights, with individual rights being second to collective rights. 

However, the problem arises about the meaning of collective rights and who has the authority to determine whether a right is individual or collective. This has often generated disagreement between the community and the government. For example, when the government needs land for urban development, the bureaucracy always employs the principle of public interest to “force” the people out of their land or to determine the compensation price for land at low level, despite the fact that in many cases the land bought is then given to private companies to develop housing complexes or supermarkets. When conflicts arise between the government and the “forced” sellers of land, the court often sides with the government. 

In terms of labour relations, workers still have difficulties in protecting their interests. The state tends to over-protect industrialists so as to boost exports, leaving workers to protest for wage hikes and to demand their right to set up unions. 

Wages in Indonesia are considered one of the lowest in Asia (Werner International Management Consultant 1990). In 1992, the minimum wage set by the government for Jakarta was Rp 3000 (U$ 1.5) per day, while in other areas it was Rp 1,250 (U$0.50) per day. These wage levels are not sufficient to sustain the minimum human need. The situation gets worse when many industrialists fail to pay their labourers even the mininmum wage level. According to the Labour Minister, in Jakarta about 3 percent of industrialists do not pay the minimum level of wages (Tempo, 19 February 1994). The industrialists also tend to use child labour or refuse to give pregnancy leave for women workers (Tempo, 25 September 1993). 

To fight for their rights, workers have only one organization (SPSI, the All Indonesian Labour Federations) which is recognized by the government. Any effort to establish other labour organizations is quashed. This can be seen in the move made, for example, by Haji Princen to set up the Independent Labour Union Setiakawan (Tempo, 1991), and by Mochtar Pakpahan to establish the Indonesian Labour Welfare Union, both of which were blocked by the government. 

Worse still, there is a stipulation in law which says that workers who want to set up unions must obtain agreement from the management of industries or factories where they are working. In fact, not many owners allow their workers to set up labour organizations. In addition, strikes by workers and lay-offs by employers are prohibited (Budiman 1992). The Department of Labour is also actively involved in labour disputes, having the right to invite involvement by the military. In many cases, the military has taken over problems and handled the disputes in a way that has tended to protect the interest of the industrialists more than that of the workers. 

The prohibition of workers from setting up organizations has a historical basis. During the Old Order period (1950-65), labour organizations had been used by political parties, especially the Communist Party to mobilize workers against the government. Labour unrests were a major cause of political instability that inflicted great damage on the economy and contributed to the fall of the Old Order.

(Continued on title : "The President")