CONTRA-HEGEMONY OF BALI WOMEN TOURISM WORKERS IN FIGHTING FOR THE RIGHTS OF THEIR PEOPLE
IV. CONCLUSIONS AND SUGGESTIONS
2. Theoretical Basis
In the introduction as a background, it has been revealed that there are problems in
everyday life where women experience domination and are always excluded from competition in getting a job. Whereas work is the essence of being a human being and through work, humans become themselves, free and happy. By working, the material needs of men and women will be fulfilled.
Circumstances that continue to suppress and weaken women's position in seizing formal jobs encourage them to seize other consumption opportunities for men, namely the need for sex. Women fill their production supply by struggling in prostitution, it is called a Wrong Occupation because it is not sanctioned by positive law (as a truth convention).
It takes a critical effort to describe and analyze the things that cause enthusiasm in this wrong occupation. In conducting analysis regarding this matter, a theoretical basis is needed that is able to guide the main set in dissecting and analyzing various problems.
2.1. Gender
The relationship between women and men in Indonesia is still dominated by gender relations which produce a patriarchal culture. This culture does not accommodate equality, and thus women are not important to be twn into account. The male perspective view that is still held by society is called a gender-biased view
because it does not include gender issues.
There is a construction which then continues to widen the gender bias, as written by Murniati (2004:81):
"There are those who believe that patriarchal culture is a multilevel system, which has been formed by a power that controls and dominates other parties. According to others, those who believe in this definition are the poor, weak, lowly, powerless, also the environment and women.”
The quote shows that women are one of the objects that are controlled and dominated by power.
Gender inequality that occurs in social life has made it difficult to achieve development in many countries. As in Indonesia, where 51% of the population is female, this will lead to wider inequality if women do not have a proper share in development. Komnas Perempuan (Women's National Commission) noted that currently there are around 342 discriminatory policies that are currently increasing. There are 625 of them directly targeting women on the basis of religion and morality. The elaboration of the 625 policies substantially consists of policies that regulate how to dress, on prostitution and pornography, and policies on
separating access to public spaces between men and women (Ardiansa, 2016).
Efforts are being made to mainstream gender, namely the application of rational and systematic strategies to achieve and realize gender equality and justice in a number of aspects of human life (household, community, and state), through policies and programs that take into account the experiences, aspirations, needs, and problems of women and men into the planning, implementation, monitoring and evaluation of all policies and programs in various areas of life and development (id.m.wikipedia.org)
Gender mainstreaming is intended to realize gender equality which is also known as gender justice, namely the view that everyone should receive equal and non- discriminatory treatment based on their natural gender identity. In fact, this is one of the goals of the Universal Declaration of Human Rights to create equality in the social and legal fields and ensure access to equal work with equal pay. The analysis used is the analysis by UN member countries since 1975, at the time of the First World Women's Meeting in Mexico which established "Justice, Development, and Peace", through the Gender and Development (GaD) program. (Murniati, 2004:77).
2.2. Critical Theory and Women's Capitalization
According to Horkheimer, Critical Theory is no longer concerned with general principles, building knowledge that is solid and closed to itself, as traditional theory does. From the beginning, Horkheimer had set the goal of his Critical Theory, namely to provide awareness to free humans from irrational society and thereby also provide awareness for the development of a rational society, where humans can satisfy all their needs and abilities, as said by Sindhunata (2020:126)
"In short, Critical Theory wants to liberate society and its irrational circumstances today. It wants to be an emancipatory theory.
Horkheimer believed that critical theory would succeed as an emancipatory theory.”
Today's system of society is based solely on exchange rates. Everything is considered a commodity that only has an exchange value. So criticism must be imposed on a society whose mechanism is regulated by the exchange rate. At this time the era of liberal capitalism has ended and was replaced by monopolistic capitalism. It becomes a monopoly if there is only one producer or seller (single firm) without
direct or indirect competitors, either real or potential, as added by Sastra (2018: 31)
"The monopoly market also creates barriers to entry for other companies to enter market…. The causes of entry barriers can be grouped into technical barriers (technical barriers to entry) and legal barriers (legal barriers to entry).”
So in the movement of monopoly capital, one of them will bring up legal barriers in the form of special rights and copyrights which in the end there is only one player in the sector. Of course, granting special rights to one party must also consider economic, social, and political factors. Changes in the model of capitalism resulted in social phenomena becoming simpler but also complex. It is simpler because economic factors more directly and consciously determine human beings and therefore the cultural dimension itself is increasingly disappearing. So it can not hold a fight against tight and rigid economic domination. It is more complex because the economic dynamism makes the individual a mere tool to preserve the existing situation.
In such circumstances, all other aspects of society become completely powerless.
Capitalism causes economic competition that continues to increase.
According to Pollock (Sindhunata 2020:41) in the analysis of state capitalism, monopolistic organizations that still like to disrupt market stability where these organizations act as free groups who seek maximum profit by trying their best may hinder the possibility of other groups' productions to grow. Now they are simultaneously acting as state agents in their role in the market. This explains how the state has interfered in guarding economic growth because with this economic growth it will be able to provide jobs for its people. The impetus for massive economic growth has also created very tight competition, and those who are able to enter the competition are those who have innovative products. In this competition, women still experience significant obstacles.
The production system can only sustain itself by adding and creating new needs. Additional production requires additional consumption. Society becomes a consumption society, humans not only need what they actually need but also need what the production system needs. Humans are manipulated, become slaves but cannot realize it. It can no longer be shown who is responsible for this system, it is anonymous (Snijders, 2004:84)
Capitalist production is not regulated with any considerations other than profits
for industrial owners or traders. The basic needs of the people are the second matter to be met. The merchants of the capitalist world and the people working for them will never give up. The race for profit must continue and certain parts of the female body must remain open and then closed to be opened again. Lots of commodities can be sold and fortunately, the female body has many parts that allow modern sexologists to trick them. They are no longer complete human beings but have changed under the inexorable pressure of a society dominated by capitalist men, to become mere capitalist commodities (Saadawi, 2011:147)
2.3. Humans: Working Creatures
According to the Big Indonesian Dictionary, "working" comes from the word
"work" which can state an action, existence, experience, or other dynamic understanding or activity of doing something or being done (done).
Snijders (2004:64) describes, one of the cultural activities is work. Not everything that humans do can be called work. The answer to the question, "what is work" is not so easy to answer.
“The type of activity cannot be taken as a benchmark to differentiate working or not working. A student who is tired of reading novels cannot be called working. But someone who reads
the same novel to prepare his thesis can be called working. Someone who plays soccer after college can't be called working, but playing soccer for a professional is hard work. People whose hobby is caring for the garden cannot be called working, it is different if the same work is done by a gardener because that is his job. The severity of physical activity cannot be used as a criterion.“
Humans work so that material needs are met so that they are free to enjoy needs that are deeper than just material needs.
Humans must be selective and prioritize the values that make them complete human beings that are not those that prioritize action, aggression, achievement, and competition.
In Marx's view, humans are working creatures. This is human nature. In and through his/her work humans become themselves, free and happy. For work one created tools. The means of production are getting more and more developed. The history of the means of production determines human history. Working means working together. So in and through work, man becomes brother and sister to one another. The means and systems of production determine the relationship between people. The means of production
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.