Older persons make up 5.2 per cent of the population in the Republic of Indonesia and face vulnerability with limited access to income security. In 2002 the Government of Indonesia took fundamental steps toward improved income security for older persons through amendments to the 1945 Constitution. As such, the 1945 Constitution now recognises the right to social security and the responsibility of the State in ensuring sufficient income security for all older persons.
Article 28H of the Constitution of Indonesia addresses the needs of older persons with a provision, stating that “every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment … [and] have the right to social security in order to develop oneself fully as a dignified human being.” This constitutional provision has encouraged legislative milestones in the progressive implementation of the National Social Security Law (Law No.40/2004), which mandates the extension of social protection to the whole population and entitles older persons to a basic pension. The Law follows a staircase approach with non-contributory schemes for the poor, contributory schemes for self-employed and statutory schemes for formal sector workers.
Constitutional enhancements toward social protection in Indonesia were realised through an inclusive and open constitutional debate, inviting stakeholders to participate in the People’s Consultative Assembly between 1999 and 2002. Based on these consultations and resulting constitutional provisions, the Government of Indonesia now has a strong mandate to provide basic income security for older persons. Through this process lawmakers in Indonesia have acted to uphold equality and ensure that constitutional and legal provisions for income security form strong legal foundations for the creation of a social protection floor.
Further Reading:
- Government of the Republic of Indonesia (1945) with access from the database of the International Labour Organization. Constitution of the Republic of Indonesia. Accessed from http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_174556.pdf on December 2016.