CONTRA-HEGEMONY OF BALI WOMEN TOURISM WORKERS IN FIGHTING FOR THE RIGHTS OF THEIR PEOPLE
IV. CONCLUSIONS AND SUGGESTIONS
3. Discussion
as the lower order that determines the law, art, religious ethics, etc. which are the upper order. (Snijders, 2004:75)
2.4. Law
The basic law is justice. Fair means giving everyone what is due. The rights of one person become an obligation for another. The facticity of justice is a law that is formulated and applied both nationally and internationally. The law can be sued if it is not implemented. Justice that becomes a law can be enforced through government institutions. In a state of law, people feel safe because their rights and obligations are protected by government institutions. The law is directed at the right to "something"
such as work, property, etc. According to Thomas Nobbes (in Snijders, 2004:52):
"Humans behave like wolves to other humans. They want to swallow each other. Laws need to be made to keep one wolf from swallowing another. The law must maintain restrictions so that there are no clashes. The law gives to others what is their right and that can be prosecuted.”
Activities that are carried out without being based on a legal basis are ultimately wrong activities because they are not protected by state institutions, their rights
and obligations cannot be prosecuted if they are not implemented.
As the Republic of Indonesia Law Number 39 of 1999 concerning Human Rights, Indonesia recognizes that the right to work is a fundamental human right. The right to get a job is not only for men but also for women. Article 49 paragraph (2) states
"women are entitled to special protection in carrying out their work or profession against things that can threaten their safety and or health-related to women's reproductive functions. Law N0. 13 of 2003 is a specific law on employment that is currently being updated. The legal product already regulates the rights and obligations of employing women which are protected by the state.
From gender’s ideology emerges views that harass, constructs that distinguish humans based on sex so that they do not value humans personally.
Women are considered wrong if they are unable to carry out their domestic functions.
There are so many institutions that condition men to be dominant so that the situation is considered legal, even the sociological process is drawn into theological and preserved as religious teachings. Under these conditions, children and women become victims of violence and oppression because they are a weak group.
This problem is evident from BPS (Statistics Indonesia) data which shows a significant increase in complaints of cases of violence against women from 406,178 cases in 2018 to 431,471 cases in 2019.
If religious leaders make doctrinal regulations, laws that are strongly influenced by patriarchal culture, faith is finally defeated by cultural myths. The situation of society which is full of social problems has brought this catastrophe.
Humans begin to not see faith in religion, religion is used as a cover. (Murniati, 2004:27)
Discrimination against women continues to spread to various daily activities, starting from opportunities to attend education, Education programs determined by families tend to provide
wider opportunities for their sons.
Statistical data shows that there are 9.41%
of women (over 10 years old) who are not in school while only 3.84% of men in 2009, although improving to 4.07% compared to 1.96% in 2021, the gap in the percentage of women and men are quite large because the female population is 51% of the Indonesian population. There are many misguided cultures that have developed until now that:
girls will get married soon so why should they go to school for a long time; anyway they will just simply take care of the child;
even the assumption that if she gets married she will then belong to her husband's family. This thinking is truly illogical and gender-biased thinking. Many forget, when entrusting women (mothers) to take care of their children, don't they become less competent due to their limited education which allows the children they are educated to not make progress as expected. This has become commonplace because society has been hegemonized by customs and culture, everything seems to be the way it is.
Women who are already working are also inevitable from sexual violence.
Sexual violence against women workers is more than sexual harassment which refers to sexual acts and tendencies that are desired by someone, both verbally and physically, and according to the recipient, this can be degrading and lead to
intimidation, humiliation, or coercion. The Mahardika Women's Organization in 2017 showed that 56.5% (half of the female workers out of 773 workers) at KBN Cakung had experienced sexual harassment (Amut et al, 2021:4), it is sad when we understand that they work for official companies that are legally protected by the state As the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights, Article 49 paragraph (2) states "women are entitled to special protection in carrying out their work or profession against things that can threaten”, but no violence still happens.
3.2. Competing in Defeat as Working Women
When viewed by nature, men and women are different. Women are more at risk of getting unfair treatment from men.
The female workers are distinguished from the male workers. This is what underlies the company to distinguish the existence and role of women, which is a factor that influences the emergence of discrimination against women. The root of the problem is biological differences that seem to be a determining factor for women's work.
When companies judge women workers from their gentle biological factors which are matched with the domestic field, then women workers will be positioned in the area of cleaning services, sales, staffing,
etc. which reflects their gentle character.
Women find it difficult to occupy the top management of the company. Especially in jobs that are labeled “masculine”, it is certain that women cannot participate in this field of work, women are again discriminated against.
The social construction that subordinates women make women's bargaining power weak in the share of work, it can be said that they seem to be competing and then inevitably defeated.
This is evident from the much smaller proportion of women in managerial positions in companies in Bali, as BPS data records the proportion of women as follows: 21.08% (2018), 23.58% (2019), and 26.38% (2020). A maximum of only a quarter of all managerial staff.
Not only is it exposed to the difficulty of women competing for decent jobs in companies, even recently with the rapid development of the communication industry, but it has also further clarified gender inequality, where women are made objects that demean women's dignity. In the mass media industry, women are portrayed as weak people who serve men in relationships. Men are imaged as having control over women's sexuality so that women's bodies can be exploited because they have high selling power and economic value in the media industry.
Another thing that stands out in discrimination against women is in terms of wages. On average, women have lower salaries than men because it is seen that women are not the breadwinners. Besides being positioned in lower-paying jobs such as nurses, tailors, or housemaids.
This fact clearly illustrates how the discrimination experienced by women in an effort to realize the human nature of working, to obtain materials to sustain life.
As Marx mentioned, by working human becomes whole, free, and happy, and that is far away from reality.
3.3. The Wrong Occupation as a Logical Choice
The marginalization of women due to gender bias or because of the construction of male power has dashed the hopes of some women to try to compete in seizing the job market in legal companies. Besides that, they also have low competence due to the sacrifice that they have to make for male hegemony through customs, culture, religion, and even myths. Even if they are lucky, they can be employed in a company that has a work agreement (a company that has a legal basis), but women who are biologically feminine are always the object of being dominated and even experiencing sexual violence and harassment.
Capitalism causes economic competition that continues to increase. The push for massive economic growth also creates very tight competition, and those who are able to enter the competition are those who have innovative products. This condition further reduces the opportunities for women to enter the workforce because the gentle women's paradigm is only suitable for work related to domestic work, it seems far from innovation. The company does not dare to speculate on recruiting female workers who they think will hinder the company's production.
Meanwhile, in their domestic life, women are no less under pressure due to patriarchal ideology. Men as the power in the household environment with the position as breadwinners seem to employ housewives without salary. Women are often abused, which often forces women to divorce, and their position as child caretakers also forces them to divorce with the burden of raising children.
In the midst of their efforts to survive with various pressures, it becomes logical for them to try to enter a job without a legal basis, but has consumers who never subside. Marginalized women try and start to become Commercial Sex Workers (CSW) in various prostitution including in Denpasar City. They do their job of the Wrong Occupation, without the force of
law, without the control of government agencies. Even though in carrying out their work there are multiple risks, ranging from acts of consumer violence, arrests during policing by police officers, and a high risk of developing deadly diseases, nonetheless, this type of the wrong occupation that is most likely to be entered by those without capital and work tools relying solely on their female bodies. Contemporary developments where capitalism has moved to communication and technology capitalism is increasingly exciting for the Wrong Occupation doers with the birth of the online system. CSWs do not only gather in prostitution but can also be on-call according to consumer demand. With regard to these online opportunities, this has even stimulated celebrities/artists to join.
Such is the phenomenon that is happening in the midst of the struggle of human life which has the essence of work but is conditioned to be wrong as a result of gender bias.