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Constitutional Justice Enny Nurbaningsih speaking at Sebelas Maret Law Festival by the Universitas Sebelas Maret’s Law Students Forum, Saturday (21/11/2020) from Jakarta. Photo by Humas MK/Yogi Jatnika.

JAKARTA, Public Relations of the Constitutional Court—The State of Indonesia was formed to protect the whole people of Indonesia, including women, and provided them with the freedom from sexual crimes and violence. This is expressed in Article 28G paragraph (1) of the 1945 Constitution. The state is obligated to guarantee rights without gender discrimination. In line with this, the Government ratified international conventions and has made efforts to eradicate crimes and violence against women, said Constitutional Justice Enny Nurbaningsih at Sebelas Maret Law Festival virtually on Saturday, November 21, 2020. The event on “Quo Vadis, Human Rights Enforcement in the Eradication of Sexual Crimes in Indonesia” was organized by Universitas Sebelas Maret’s (UNS) Indonesian Law Students Forum. It was attended by academics, law enthusiast, law enforcers, and the Government.

Justice Enny said the protection of women’s rights, especially in the eradication of sexual crimes, is important, as it concerns victims of sexual violence, mostly women and children. “Based on data by Komnas Perempuan [National Commission on Violence Against Women], each year violence and crimes against women and children increases,” she said before UNS Law Faculty dean Djatmiko Anom, YLBHI (Indonesian Legal Aid Foundation) director Asfinawati, Komnas Perempuan chair Andy Yentriyani, and House Commission VII member Rieke Diah Pitaloka.

Role of the Constitution

Justice Enny said the Constitutional Court (MK) is protects the citizens’ constitutional rights, including women’s rights. Since 2003, the Court has contributed to women’s rights through several decisions, one of which is Decision No. 22/PUU-XV/2017 concerning minimum marriage age.

Marriageable age has been a focus of discussions in Indonesia and worldwide. Article 7 paragraph (1) of the Marriage Law was deemed to be discriminatory against sex or gender, leading to the rights of girls not being met, despite being part of human rights guaranteed by the 1945 Constitution. Justice Enny said through that decision, the Constitutional Court ordered the legislature to amend the article to provide legal certainty and eliminate discrimination it had caused.

“This decision has an implication that [marriage at] the age of 16 is classified as child marriage. Thus, the Constitutional Court provides protection [of] their constitutional rights because women are [often] treated discriminately. Child marriage has an impact on children’s health because the reproductive health of children isn’t developed yet and [children are] also vulnerable to sexual violence,” she said.

Decisions No. 10, 17, and 23/PUU-VII/2009 on Law No. 44 of 2008 on Pornography also concern women’s rights. Although the Court rejected the petitions, Justice Enny said Article 1 point 1 of the Pornography Law upholds the moral values of the nation and protects women and children from the dangers of pornography. The norm doesn’t prohibit people exercising their constitutional rights in art, literature, customs, science, and sports as long as they don’t conflict with social and moral values. This provision, Justice Enny said, concerns those who display pornography in any media outside of art, literature, customs, science, and sports.

“With those decisions, the Constitutional Court plays a significant role in protecting human rights. The Court will not remain silent if there are provisions in the law that are contrary to the 1945 Constitution. In conclusion, the state has pushed for the enforcement of human rights and the eradication of violence against women and children in various legal efforts,” she concluded.

Writer: Sri Pujianti
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/30/2020 18:27 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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