Press Statement from FAMM Indonesia in respond to Discriminative Regulation on Dressing Code in Kendari City
Currently there is a regulation No. 18 year 2014 on the establishment of Dressing Code in the Kendari City being socialized and implemented. The goal of this regulation, issued by the Mayor of Kendari, H. Asrun, is to discipline the way people of Kendari, especially women, to dress. As for what is considered as a “good dress” is clothing that cover the limbs, not transparent and not tight.
These regulations is based on a proposal from the PKS and PAN fraction, which blame the widespread of rape to the way women’s dressing in public places that can arouse passion of men. Thus, the regulations are clearly putting women’s “body” as enemies of the people and must be subdued and controlled. Initial control is done by limiting how the body can be seen in public spaces. So that the women’s “body” becoming the wrong body and curtailed, reviled, persecuted, or even worse, become the rationale of this regulation, in which women’s “body” is entitled to abuse and humiliation. If the basic idea in the formation of this regulation is so lame, should it be enacted and enforced?
What is interesting, this regulation was made in Southeast Sulawesi Province, where the majority of traditional cultures have not included. Even the regulation stated that cultural values and customs are meant to be adapted to certain religious values. It’s the contrary to the principal rule that said the sociological aspects of regulation must consider the local culture and customs into its legal values and norms.
In addition, the regulation on Dressing Code was formulated without specific data or scientific basis. Various studies have actually showed that sexual violence is not triggered by certain appearance, thus reinforces the notion that regulation No. 18 year 2014 on Dressing Code is an example of discriminatory policy made by local government. It is no more than a part of political public relation and reducing the substantive protection for state’s citizen. This regulation will add to erosion of the authority and the rule of law which would lead to corruption and abuse of power.
Such thinking is emphasized in one statement made by the Parliament Secretariat Legal Department of Kendari, La Ode Saing Kadir, in social media that specifically for the Dressing Code regulation, he expected that it will not create the multi perception on the application. This statement is to illustrate that this regulation has strong potential for multiple interpretations which would lead to an arbitrary law. (Http://www.zonasultra.com/2014a/content/view/3985/507/)
With this in mind, FAMM Indonesia stated that we
- Reject the increase of discriminatory local regulations in the Republic of Indonesia and demand President Jokowi to cancel and void all discriminatory regulations, including regulations No. 18 year 2014 on Dressing Code in Kendari.
- Demand Chairperson of the Supreme Court to improve the responsiveness of the Supreme Court for judicial review of local regulations that are discriminatory and cancel them.
- Demand The Head of the regional government to take active steps to cancel the discriminatory regulations that will potentially result in discrimination against women and minorities, in the framework of the fulfillment of their constitutional rights as citizen.
- Draw the attention of the National Human Rights Commission and the National Commission for Women to respond and recommend cancellation of this discriminatory regulation.
- Invites all civil society organizations to work together to reject the discriminatory regulations and educating people about the impact of discriminatory regulations to their lives.
Malang, 23 April 2015