Elimination Of Culture Based Discrimination Against Women In Indonesia:

Abstract

The notion of cultural relativism has always been fundamental challenge to upholding human rights values, especially with regard to gender mainstreaming and equality of either sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given their own cultural traits that produce their own mode of thinking and ideology. It is thus understandable that article 5 (a) of women convention, which is the only provision in international law that seeks to modify culture that prejudice women, will deal with constant hurdles in countries which firmly embrace cultural values like in Indonesia. Even though a signal of commitment has been shown by a ratification without making any reservation to the obligations stipulated therein. However, this commitment remain highly questionable as discriminatory laws remain in force across the country from national to the local level and new discriminatory regulations continue to be issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded Indonesia at some occasion that the cultural and religious values cannot undermine the universality of women’s right. Nevertheless, up until now the authorities has always failed to make a clear time frame to make a revision of laws that institutionalize negative stereotype against women. Taking this perspective into account this paper will explore the reason and indicator of Indonesia’s failure to implement article 5(a) of the women convention to modify cultural values and stereotype against women in its legal system and instruments, in doing so this paper will also try to dig deeper about the barriers for Indonesia to implement its state obligations under this article.