Rights of Users of Indonesian Public Space

The following sub-sections summarise the rules that form the basis of inclusive city planning in Indonesia; separate sub-sections deal with the rights of children, women, elderly people and disabled people.

5.2.1 Regulations dealing with the Rights of the Child

Indonesia’s 70,49 million children make up about nearly a third of the population (26,6%

based on Bappenas, 2013 as cited in katadata.co.id, 2018). The legislation on rights of children is comprehensive and hierarchical, encompassing international-, national- and city-level regulations.

All the rules recognise that children’s rights are fundamental human rights. In this research, a child is a person who is not yet 15 years old, and children should have access to both outdoor and indoor space.

“The United Nations Convention on the Rights of the Child” (1990) is the primary international framework governing child protection. Indonesian also has lots of national regulations regarding children on spatial planning, such as:

1. Undang-undang Dasar Negara Republik Indonesia Tahun 1945 (The 1945 Constitution), article 28B on Child Protection.

26 Relic of the Sultan

61 2. Undang-Undang Republik Indonesia Nomor 4 Tahun 1979 tentang Kesejahteraan Anak [Indonesian

Law No. 4, 1979 on Children Welfare].

3. Presidential Decree No. 36/1990 on the Ratification of the Convention on the Rights of the Child.

4. Undang-undang Republik Indonesia Nomor 39 Tahun 1999 Tentang Hak Asasi Manusia [Indonesian Law No.39 Year 1999 on Human Rights].

5. Regulation of State Minister for Women's Empowerment and Child Protection No. 13, 2011 on Development Guideline for Children Friendly City,

6. Undang-Undang Republik Indonesia Nomor 10 Tahun 2012 tentang Pengesahan Protokol Opsional Konvensi Hak-Hak Anak Mengenai Penjualan Anak, Prostitusi Anak, dan Pornografi Anak [Indonesian Law Number 10, 2012 on “Optional Protocol to the Convention on the Rights of the Child” on the Sale of Children, Child Prostitution and Child Pornography].

7. Undang Republik Indonesia Nomor 35 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak [Indonesian Law No. 35, 2014 on Amendment of Law No. 23, 2002 on Child Protection].

At the regional and local levels, every city in Indonesia must have regard for the concept of the ‘child-friendly city’. Under this concept, children have five rights: 1) civil rights and freedoms; 2) family, environmental and alternative care rights; 3) basic health and welfare rights;

4) education, leisure and cultural activities rights; and 5) special protection rights. All cities have to provide a child-friendly park, safe roads for school, child-friendly residential areas (kampong) and accessibilities for children.

5.2.2 Regulations dealing with Women's Rights

Indonesia’s 131,88 million women compose nearly half the total population (Bappenas, 2013 as cited in katadata.co.id, 2018). Meanwhile, women’s rights have long been a subject of discussion and are covered in many International Conventions. These are the International Labour Organisation (ILO)’s Code on Maternity Rights (1918), the United Nations (1948) Declaration of Human Rights Declaration and the International Convention on Elimination of All Forms of Discrimination Against Women (ICEDAW), which is an international treaty that specifically regulates women's rights²⁷. There are many national regulations in Indonesia, such as:

1. The 1945 Constitution;

2. The Criminal Code;

3. The Civil Code;

4. Undang-undang Republik Indonesia Nomor 1 Tahun 1974 Tentang Perkawinan [Indonesian Law No. 1 of 1974 on Marriage];

5. Indonesian Law No 39 of 1999 on Human Rights;

27 ICEDAW was adopted by the UN General Assembly on December 18th, 1979 and came into force on September 3rd, 1981. It declares that women have the right to equality, freedom, security, recognition as a person and before the law, the right of expression and politics and other rights.

6. Undang-Undang Republik Indonesia Nomor 7 Tahun 1984 tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskiriminasi Terhadap Wanita [Indonesian Law No.

74 of 1984 on the Ratification of the Convention on All Forms of Discrimination against Women].

These laws also regulate the establishment and remit of the Indonesian Human Rights Commission (Komnasham²⁸). Most cities also have local regulations concerning women and their position in city planning.

The Indonesian Code of National Human Rights states that human rights are fundamental and include the right not to be discriminated against. Article 5 paragraph 3 of this Law states defines elderly people, children, poor people, pregnant women and people with disabilities as vulnerable groups. Article 46 refers to respect for justice and gender equality. Together these regulations have made women’s rights a basic consideration in all developments.

5.2.3 Regulations dealing with Elderly People’s Rights

At present, there are 23,4 million older adults (people over 60 years old) in Indonesia, 8,97

% of the population (Badan Pusat Statistik, 2018, p.vii). The average life expectancy is 72 years in Indonesia (Badan Pusat Statistik, n.d.).

There are specific regulations on the role and position of elderly persons. At the national level, there is Undang-Undang Republik Indonesia Nomor 13 Tahun 1998 tentang Kesejahteraan Lanjut Usia [Law No. 13 of 1998 on Elderly Welfare]. This law states that older persons have social welfare rights, including the right to access facilities and public infrastructure. Organisations or institutions that do not make their facilities accessible to elderly people face penalties²⁹. The special facilities for elderly persons are special booths, select seats, individual tourist cards, recreational facilities and particular sports. Adjustments to ensure accessibility for old people include providing roads for wheelchairs, access to stairs and doors, special elevators for high rise buildings and pedestrian crossings.

The other regulations those are dealing with elderly persons, namely: 1) Permensos RI Nomor 19 Tahun 2012 tentang Pedoman Pelayanan Sosial Lansia [Regulation of the Minister of Social Affairs Number 19, 2012 on Guidelines for Elderly Social Services]; and 2) Peraturan Menteri Sosial (Permensos) Nomor 4 Tahun 2017 tentang Pedoman Pengembangan Kawasan Ramah Lanjut Usia [Regulation of the Minister of Social Affairs Number 4, 2017 on Guidelines for the Age-Friendly District].

The contribution of elderly people to society is recognised on National Elderly Day (May 29th). Besides, concern about Elderly Friendly Town, such as in Jakarta and other big cities in Indonesia, bring elderly persons become a respectful community in the city.

28 Komnasham is Komisi Nasional Hak Asasi Manusia

29 There include administrative sanctions (verbal, written, permit revocations) listed in article 27. Deliberate violation of this law will also result in a criminal sanction of 1 year in prison or a maximum fine of 200 million rupiah.

63 Of all provinces in Indonesia, Yogyakarta has the highest an ageing population more than 10 % compared with its people. The 2017 Susenas³⁰ data for Yogyakarta Special Region Province showed that 13,90 % was older adults population and 12,46 % for Central Java Province (BPS, 2018).

5.2.4 Regulations dealing with People with Special Needs

People with special needs (PSNs) have the same rights as other citizens in the spatial planning process. “The United Nations Convention on the Rights of Persons with Disabilities” (30 March 2017) has already been ratified in Indonesia. PSNs have rights to accessible infrastructure, services and information. “A Committee on the Rights of Persons with Disabilities”³¹ has been established to support the implementation of the Convention.

Law and national commitment guarantee the right of persons with disabilities to access public buildings. Those are already listed in several regulations, such as:

1. The 1945 Constitution.

2. Undang-Undang Republik Indonesia Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas [Indonesian Law No. RI. 8, 2016 on Persons with Disabilities].

3. Indonesian Law No. RI. 39 of 1999 on Human Rights.

4. Letter of the Indonesian Minister of Social Affairs Number: A/A-50/VI-04/ MS; Letter of Indonesian Minister of Administrative No. SE/09/M.PAN/3/2004; Letter of the Indonesian State Minister of National Development Planning No. 3064/M.PPN/ 05/2006 concerning Development Planning which provides Accessibility for Persons with Disabilities.

5. The Ministry of Public Works has also issued Law No. 28 on Building and Ministerial Regulation No. 30 / PRT / M / 2006 on Facility Technical Guidance and Accessibility on Buildings and Environment and so forth, which deals with the process and techniques used to make public buildings accessible.

Indonesian Law No 8, 2016--an amendment of Indonesian Law No. 4, 1997 on Persons with Disabilities--explains that individuals with disabilities have the equal rights as other Indonesian citizens. Generally, PSNs are more vulnerable due to restrictions, barriers, difficulties, and the abatement and removal of rights. But, per the regulations above, there is no discrimination for PSNs.

The Special Regions of the Yogyakarta and Central Java provinces also have regulations relevant to PSNs, namely:

1. Peraturan Daerah Provinsi Daerah Istimewa Yogyakarta Nomor 4 Tahun 2012 tentang Perlindungan Dan Pemenuhan Hak-Hak Penyandang Disabilitas [Yogyakarta Province Regulation No.4 Year 2012 about Protections and Fulfilment of the Rights of Persons with Disabilities];

30 Survei Sosial Ekonomi Nasional or The National Socioeconomic Survey.

31 This Committee was established by United Nation

2. Peraturan Daerah Kota Yogyakarta Nomor 7 Tahun 2011 tentang Penyelenggaraan Pelayanan Publik [Yogyakarta City Regulation No. 7, 2011 on Provision of Public Services];

3. Peraturan Walikota Yogyakarta Nomor 16 Tahun 2017 tentang Komite Perlindungan dan Pemenuhan Hak-Hak Penyandang Disabilitas [Yogyakarta Mayor Regulation No. 16, 2017 Committee on Protections and Fulfilment of the Rights of Persons with Disabilities];

4. Peraturan Daerah Provinsi Jawa Tengah Nomor 11 Tahun 2014 tentang Pemenuhan Hak Penyandang Disabilitas [Central Java Province No. 11, 2014 about Fulfilment of the Rights of Persons with Disabilities].

All Indonesian cities must have regard to accessibility for PSNs in their spatial planning.