Indonesia
Region: Asia / Population: 281,190M / Female Population: 139,934M
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Gender Inequality Index Rank
Global Gender Gap Index Rank
Recommendations from the CEDAW Committee
GBV:

(1) Ensure that all perpetrators of gender-based violence against women are prosecuted and adequately punished by a competent court, that victims and witnesses receive protection and that victims are adequately compensated. 

(2) Amend the Criminal Code, Law No. 23/2004 on domestic violence and other relevant legislation to criminalize all forms of physical, psychological, economic and sexual violence against women, including marital rape, and define rape based on a lack of consent rather than penetration or use of force. 

(3) Amend Law No. 11/2008 on electronic information and transactions and Law No. 44/2008 on pornography to ensure that victims of online gender-based violence cannot be prosecuted if their intimate images are distributed without their consent. 

(4) Expedite, as a matter of priority and within a clear time frame, the adoption of the sexual violence bill and ensure the effective participation of women at all stages of the adoption process. 

(5) Prohibit the practice of so-called conversion therapy and other forced, involuntary or otherwise coercive or abusive treatments against lesbian, bisexual and transgender women. 

(6) Allocate appropriate human, technical and financial resources to ensure that shelters for women who are victims of gender-based violence are fully operational throughout the State party, including for the effective implementation of the Integrated Service Centre for the Empowerment of Women and Children, especially in rural areas, and ensure that women who are victims of gender-based violence have effective access to medical treatment, psychological counselling, legal assistance and protection orders.

Trafficking:

(1) Systematically collect data, disaggregated by sex, age, disability, ethnicity, region and socioeconomic background, on trafficking in persons, the number of cases identified through inspections, the number of prosecutions and convictions and the sentences imposed on perpetrators, and compensation provided to victims of trafficking. 

(2) Allocate sufficient human, technical and financial resources for the implementation of the National Action Plan on Prevention of Trafficking in Persons. 

(3) Ensure early identification and referral of women and girls who are victims of trafficking to appropriate services, including by providing systematic training to relevant law enforcement officials on the effective implementation of guidelines on victim identification and gender-sensitive interrogation methods. 

(4) Strengthen support for victims of trafficking by ensuring that they receive protection and have adequate access to counselling and rehabilitation services, reparation and compensation. 

(5) Criminalize all forms of child trafficking, including contractual marriages and child sex tourism, and raise awareness among the public and, in particular, girls and their families about the criminal nature and risks of trafficking in women and girls.

Harmful practices:

(1) Adopt legislation to prohibit so-called virginity testing and conduct comprehensive awareness-raising programmes for members of the Indonesian Navy and Air Force that highlight its negative impact and seek to challenge and change the discriminatory stereotypes and patriarchal attitudes that are the root causes of this harmful practice. 

(2) Criminalize all forms of female genital mutilation, ensuring that such criminalization cannot be overruled by fatwas or other rulings issued by religious or clerical authorities, in accordance with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices and target 5.3 of the Sustainable Development Goals. 

(3) Conduct awareness-raising and educational campaigns aimed at promoting understanding of the criminal nature of and the need to eliminate female genital mutilation, in particular among medical staff, parents, community leaders, religious scholars, and men and boys.

Marriage:

(1) Abolish exceptions to the prohibition of the marriage of those under 18 years of age under article 7 (2) of Law No. 16/2019, including by prohibiting a judicial dispensation of the marriage age; prevent patriarchal marriage traditions such as ijbar and muhrim; and request the full consent of the woman in all marriages. 

(2) Take measures to raise awareness throughout the country about the detrimental effects of child marriage on girls and provide systematic training for members of the judiciary to ensure that they are aware of the rights of women and children and of their own role in protecting victims of child marriage. 

(3) Amend, without further delay, the discriminatory provisions in Law No. 16/2019 on marriage and in the Civil Code, and any other discriminatory provisions, with a view to (i) prohibiting polygamy; (ii) ensuring equal inheritance rights for women and men; and (iii) making civil marriages and divorce accessible to all women in the State party. 

(4) Protect the rights of women in unregistered unions and require the civil registration of all marriages for them to have legal effect. 

(5) Ensure that cases of forced marriage are investigated effectively, that perpetrators are prosecuted and adequately punished, and that women and girls in such unions have access to protection, including accessible shelters and victim support services.

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