Amendment to Human Rights Law Expands Definition of Discrimination to Protect Access to Employment

The Ministry of Human Rights (HAM) has stated that the amendment to the Human Rights Law expands the definition of discrimination to better protect citizens’ access to employment, public services, and fundamental rights. Ministry of Human Rights expert Siti Aminah, speaking at a public consultation session on the amendment to Law No. 39 of 1999 on Human Rights in Jakarta on Monday, said the expanded definition of discrimination includes additional grounds not previously detailed in the existing law. She defined discrimination in the amended law as any difference, restriction, or exclusion, whether direct or indirect, that hinders an individual’s ability to exercise their rights. Siti explained that the expanded discrimination criteria were formulated based on input from civil society groups, women’s organisations, and health-focused institutions. She cited discrimination based on marital status, which women often face during recruitment or economic rights access. ‘For example, restrictions where married women must obtain their spouse’s permission, or employers screening candidates based on marital status,’ she said. ‘Marital status should not be a basis for any human rights entitlement,’ Siti said. The amendment also includes protections against health-based discrimination, including for people living with HIV/AIDS (PLHIV). ‘If someone discloses their health condition, companies or institutions must not discriminate against them due to their HIV status, such as through dismissal or transfer,’ she said. Siti Aminah hopes the expanded definition will provide a stronger legal basis for the state to prevent discriminatory practices across sectors. ‘Our hope is that with this expanded definition of discrimination, barriers faced by various groups due to their specific circumstances will be recognised, and the state will guarantee and ensure no discrimination on any basis,’ she said. The Ministry of Human Rights is currently conducting a series of public consultations on the Human Rights Law amendment before the draft is further discussed in the 2026 national legislative process.