Female Circumcision in Indonesia as Tradition versus Human Right

Lanny Ramli

Department of Administratif Law, Faculty of Law, Universitas Airlangga, Indonesia

Keywords: health, circumcision, female, government, human rights, tradition.

Abstract: This paper aims to discuss the practice of female circumcision at some places in Indonesia. This study

employs a socio-legal research as methodology, with purposive random sampling. The result is in certain

community and local condition tradition applied circumcision. This study finds that the female

circumcision is dangerous for women. Most of the practice ignores and violates the woman’s rights. The

government has an obligation to provide the knowledge to the community, particularly to female that

have an important role for the next generation of the nation. Female have equal rights to gain knowledge

and access to health.

1 INTRODUCTION

In Indonesia is still familiar with the circumcision of

girls. Female circumcision in East Java is dominated

by the Madura ethnicity. Moving from research on

"The Role of Community Leaders and Mechanisms of

Reproductive Social Practice of Female Circumcision

in East Java Province"

is known in some areas there

are different assumptions about female circumcision.

For most people of Banten, circumcision must be

performed when the child is at least 2 - 3 years old.

When the obligation is not executed, the law is

considered haram (unclean and kafir), so that all

forms of worship that he did is considered

illegitimate. Lampung community also has a similar

tradition with the people of Banten, the tradition of

female circumcision performed when the woman

aged 2-3 years. For the people of Lampung, women

who are not circumcised then, it looks will look less

beautiful and less luminous. The tradition of female

circumcision in Lampung society is also referred to as

'circumcision senbai' (Mesraini, 2003). The same

thing is also shown by the Banjar community. They

engage in female circumcision activities at 40 days

after born by reason of following the existing tradition

and has been done for generations. They assume that

not perfect only when the existing tradition is not

continue by the next generation (Nurdiyana, 2010)

Lanny Ramli, Peran Tokoh Masyarakat dan Mekanisme

Reproduksi Sosial Praktek Sunat Anak Perempuan di

Another case with the practice of female

circumcision performed by the community in

Yogyakarta. They practice the practice of female

circumcision as one form of Islamic religious

worship. However, there are no sanctions that actually

bind women who do not perform circumcision.

Furthermore, in Madurese society, female

circumcision is performed with the aim of being a

ritual of Islamic belief purely without any prior

cultural history. This happens because the culture

brought from Java to Madura is not enough awake by

the local community (Putranti, 2003).

Based on research conducted by Nantabah, et al

(2015), it can be seen that female circumcision is

mostly done in West Java Province (14,7%), North

Sumatera Province (8,1%), and East Java (7.3%).

Female circumcision rates in West Java and East Java

provinces are more or less influenced by Kyai and

kharismatik clerics whose can affect people . The

majority of reasons that Indonesians use in practicing

female circumcision are religious reasons.

Religionally, female circumcision is done to restrain

women's lust for her femininity to stay up until they

get married. However, different things are mentioned

by dr. Sharifa Sibiani from King Abdulaziz

University, Jeddah. Dr. Sharifa undertook a study of

260 women half of whom had been circumcised. She

studied sexual behavior and their experiences during

sex. The result, there was no difference in sexual

Provinsi Jawa Timur, Bahan Ajar, Zifatama Publishing,

Surabaya, 2017.

Ramli, L.

Female Circumcision in Indonesia as Tradition versus Human Right.

DOI: 10.5220/0010051202510255

In Proceedings of the International Law Conference (iN-LAC 2018) - Law, Technology and the Imperative of Change in the 21st Century, pages 251-255

ISBN: 978-989-758-482-4

251

arousal or libido among women who have been and

are not circumcised (femina.co.id).

From some assumption like that we want to know

what is the knowledge and understanding of actors in

the practice of female circumcision on the Rights of

Women and Children.

1.1 Materials and Method

This research is applicable in terms of the purposive

random sampling.

1.2 Research Subject

The subjects of study consist of the mothers, the mid

wives, kyai (religious leader), community leaders .

1.3 Settings

Related the locations that have many practice female

circumcision at there and there are have the central of

madura society and communal like : Surabaya,

Situbondo and Bangkalan (Madura).

1.4 Procedures

The study used in depth interview, questioners

besides literatur research. Some questions stated at

questioners papers.

1.5 About

The knowledge and understanding about female

circumcision.

1.6 Data Collection

The data from questionaires, from in depth interviews

used for determine the knowledge and understanding

about female circumcision related with tradition and

human right.

1.7 Research Tools

The matter of the reason why female circumcision

should conduct, from whom get this information, the

back ground of the family.

1.8 Research Conducting Method

At first, we elaborate about the reason of why a baby

girl should be circumcised, who should circumcise,

what influence if circumcised, what are the

consequences if not circumcised related tradition and

human right.

In this research, data analysis was performed not

by statistic form or statistic model but by analyse in

sosio-legal model. This research got data in some

location, some female that conduct circumcision and

some mid wives, community leaders, religious

leaders.

For this research we use some questionare, but we

completed it by in depth interview. The questionare

for the mother contain of :

1. Age

2. Sex

3. Education

4. Job

5. How many years in marriage

6. How many children

7. How many daughter

8. How old the daughter

9. Never or ever heard the female circumcision

10. If ever, from whom

11. Never or ever circumcise her baby

12. If refuse the female circumcise one how the

reaction of the society?

13. If refuse the female circumcise one how the

reaction of the religious leader?

14. If refuse the female circumcise one

how the reaction of the community

leaders?

The questionare for the mid wives (the actor who

conduct female circumcise) contain of:

1. Age

2. Sex

3. Education

4. Job

5. How many years as mid wive

6. How many babies (girls) had the

circumcision by the mid wive

7. Never or ever heard the female circumcision

8. If ever, from whom

9. What the aims of female circumcision

10. If never what the reason

11. If the family or mother refuse the female

circumcise what your respon?

12. If refuse the female circumcise one how the

reaction of the religious leader?

13.

If refuse the female circumcise one

how the reaction of the community

leaders?

The questionare for the religious leader contain of:

1. Age

2. Sex

3. Education

4. Job

iN-LAC 2018 - International Law Conference 2018

252

5. How many years as religious leader

6. Never or ever heard the female circumcision

7. If ever, from whom

8. What the aims of female circumcision

9. If the family or mother refuse the female

circumcise what your respon?

The questionare for the community leaders contain

of:

1. Age

2. Sex

3. Education

4. Job

5. How many years as community leader

6. Never or ever heard the female circumcision

7. If ever, from whom

8. What the aims of female circumcision

9. If the family or mother refuse the female

circumcise what your respon?

2 FINDING

2.1 Female and Children as a Part of

Society

Based on population projection data from the Central

Bureau of Statistics (Biro Pusat Statistik / BPS), the

current population of Indonesia is more dominated by

productive age group that is between 15-64 years. The

Central Bureau of Statistics distinguishes the

productive age population into 2 categories, the first

Very Productive Age (15-49) and the second

Productive Age (50-64). The number of women of

very productive age reached 69.4 million while for

productive age (50-64) reached 16.91 million.

Based on Central Bureau of Statistics of East

Java 2017 and total population is as follows:

Table 1: Total Populations from Statistics of East Java 2017

Town/Region Male Female

Situbondo 326.500 343.213

Surabaya 1.406.683 1.441.900

Bangkalan 455.710 498.595

Paul S.Baut dan Beny Harman K, Kompilasi Deklarasi

Hak asasi Manusia, Yayasan LBHI, Jakarta, 1988.

Universal Declaration of Human Rights disebut sebagai

Pernyataan Sedunia tentang Hak Hak Asasi Manusia.

Ian Brownlie, Dokumen Dokumen Pokok Mengenai Hak

Asasi Manusia, UI Press, Jakarta, 1993. Universal

Female in the productive age and highly

productive potential of delivered baby either male and

female infants as the next generation of the nation.

Female have the same rights as male. All male and

female are born free and have the basic right, we

called it the human rights.

These rights are set forth in the World Declaration

on the Human Rights

or also called The Universal

Declaration on the Human Rights.

Article 1 Everyone is born independent

and has the same dignity and rights. Article 2

Everyone has the right to all rights and

freedoms set forth in this statement with no

exceptions whatsoever, such as nationality,

color, sex, language, religion, politics or

other opinion, national or community origin,

property, birth or other positions. Article 3

Everyone is entitled to the livelihood, liberty

and salvation of a person. Article 5 No one

shall be abused or cruelly treated, regardless

of humanity. Article 6 Everyone has the right

to recognition as a personal person against

the law.

The definition of rights is not also defined, but a

core contained in the right, such as the existence of a

claim, that speaks of our right to imagine that there is

a "claim" and in relation to the legal protection for the

people imagined a "claim" from the people: and in this

case Louis Henkin in his article entitled The Rights of

Man Today, says:

“...human rights are claims asserted

recognized “as of right”, not claim upon

love, or grace, or brotherhood or charity :

one does not have to earn or deserve them.

They are not merely aspirations or moral

assertions but, increasingly, legal claims

under some applicable law.

Also the children have right protection. Even the

baby in the female pregnancy is considered to have

been born as a child for the protection of his/ her

rights.

Female as part of the society must have the vision,

mission and strategy to have equal rights and

obligations with men. At this time we call it gender

equality. There are several points that female are

struggling through strategies for the future,

such as :

Declaration of Human Rights disebut sebagai Deklarasi

Sedunia Tentang Hak Hak Asasi Manusia.

Philipus M.Hadjon .Perlindungan Hukum Bagi Rakyat,

Peradaban , Jakarta, 2007, h.34-35.

Mahnaz Afkhami, The Future of Women’s Rights (Global

Vision & Strategies), Edited by Joanna Kerr, Ellen

Female Circumcision in Indonesia as Tradition versus Human Right

253

- we must insist that no one, man or woman

may claim a right to a monopoly of interpretation

of God to human beings or right to force others

to accept a particular ruling about any religion.

The upshot of this position is that women ought

not to be forced to choose between freedom and

God. The same applies to claims on behalf

tradition.

- we must insist that international

governmental and non-governmental

organizations, national-states, civil society

organizations, as well as national and

multinational corporations, decide their policies

about international, national and local issues in

coqnizance of the universal rights of women.

- we must educate the decision-makers at all

levels about the plight of women and the reason

why they should try to shape their decisions to

help women achieve their internationally

recognized rights.

- we must hold governments and

organizations responsible for the effect on

women of political, social, economic and cultural

choices they make nationally or internationally.

From this survey, mothers , mid wives obey the

habit conduct female circumcision for the baby

girls depend on tradition and based on their

religion. The religious leader that sharing the

urgency of female circumcision based on Hadist

Rasul. The community leaders got assumption

that female must conduct circumcision based on

tradition and their religion. For most of the

societies, tradition often mixed with religious

beliefs and vice versa.

2.2 Female Circumcision as Tradition

in Some Community in Gender

View

Gender is the division of the roles and duties between

male and female defined by the community based on

the nature of female and male needs appropriate

according to the norms, customs, beliefs or customs

of the people. In certain societies this division of roles

is so rigid and it could not be exchanged either in time

or in perpetuity.

Female as citizens as male, have equal rights in the

community in all kind of community, but there are

some things that cause female to find the same right,

because of

Sprenger, Alison Symington, Zed Books, London, 2008, p.

66.

Lanny Ramli , Thalca, Peran Tokoh Masyarakat dan

Mekanisme Reproduksi Sosial Praktek Sunat Anak

1. The attitude of male's arrogance so as they

look on female level, female are considered

stupid, so there is no need to be given an

explanation about the reproductive health

matter and even if female ask, it will be

answered casually.

2. The attitude of male's arrogance so as they

look on female level, female are considered

cheap so deserve to be seduced and if

necessary and if considered attractive, invited

to 'victim to sexual harrasment'.

3. The habit of placing the portion or position of

female as the second citizen, konco wingking

(the man behind next door), swarga katut,

neraka nunut (go to heaven or to hell depend

on her husband), so female have no existence

of self, afraid to ask everything related to the

case.

4. The view of female which is the inheritance of

our ancestors of female as konco wingking ,

swarga katut neraka nunut so that female do

not need education, female are not educated

enough, so dare not ask all things related to the

case.

5. The view of female which is the inheritance of

our ancestors: female as konco wingking ,

swarga katut neraka nunut so that female do

not put together uneducated education, female

are not educated enough, so dare not question

about things that happened to him.

6. There are patriarchal culture that requires

female as subject to 'power' of male

The matter that make more worse and worse the

differentiation of female and male is the presumption

of public for male, private for female. Julia Cleves

Mosse states: One of the most powerful ideologies

that stressing gender differences is the division of the

world into public and private area. Public areas

consisting of public institutions, state, government,

education, media, business world, corporate

activities, banking, religion and culture are

predominantly male.

From this research we know that in some

community, female have not power to determine their

right, although their human right. Get information

about female circumcision by literation, by medical

information, have right to refuse or receive the

tradition to circumcise, get healthy by not conduct

circumcise couldn’t happen if the religious leader and

the community leaders not allowed.

Perempuan di Provinsi Jawa Timur, Penelitian Unggulan

Perguruan Tinggi (PUPT), Universitas Airlangga,

Surabaya, Agustus 2017.

iN-LAC 2018 - International Law Conference 2018

254

3 CONCLUSION

In some community, female as a part of society have

not right to their self. Their life depend on the

tradition that sustain until now and continuing by

community leaders in the community also by the

religious leader. In this community, often the tradition

diffuse in religion beliefs and the religion beliefs

entering to their tradition. Because of that, until now

female circumcision for the baby girls still doing in

Surabaya, Bangkalan, Situbondo as samples of

Madura etnis in this research. Female circumcision

still doing in some community supported by

community leaders and religious leader.

3.1 Recommendation

In order to prevent or maintain the health of baby girls

or children that become female as the mother of the

next generation needs a deep understanding to

community leaders about the essence of female

circumcision for the baby girls in order to avoid

mistakes of action. Needs more communication with

the religious leader.

To face the 21 century we need more literation,

knowledge and communication among the actor who

execute the female circumcision, the community

leaders and the religious leader to support

understanding of female circumcision and then decide

to stop that.

REFERENCES

Afkhami, M. (2008). The Future of Women’s Rights (Global

Vision & Strategies) (pp. 66), Edited by Joanna Kerr,

Ellen Sprenger, Alison Symington. London, England:

Zed Books.

Baut, P., S. & Beny H., K. (2008). Kompilasi Deklarasi Hak

asasi Manusia. Universal Declaration of Human Rights

disebut sebagai Pernyataan Sedunia tentang Hak Hak

Asasi Manusia. Jakarta, IND: Yayasan LBHI.

Brownlie, I. (1993). Dokumen Dokumen Pokok Mengenai

Hak Asasi Manusia, Universal Declaration of Human

Rights disebut sebagai Deklarasi Sedunia Tentang Hak

Hak Asasi Manusia. Jakarta, IND: UI Press.

Hadjon, M, P. (2007) Perlindungan Hukum

Bagi Rakyat (pp. 34-35). Jakarta, IND: Peradaban.

Ramli, L. (2017). Bahan Ajar. Peran Tokoh Masyarakat dan

Mekanisme Reproduksi Sosial Praktek Sunat Anak

Perempuan di Provinsi Jawa Timur. Surabaya, IND:

Zifatama Jawara.

Ramli, L. & Thalca. (2017, August) Peran Tokoh

Masyarakat dan Mekanisme Reproduksi Sosial Praktek

Sunat Anak Perempuan di Provinsi Jawa Timur,

Penelitian Unggulan Perguruan Tinggi (PUPT).

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Female Circumcision in Indonesia as Tradition versus Human Right

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