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Mother’s Nature: How Indonesian Law Protects The Rights Of Maternity Leave In Relation To Postpartum Depression
Mother’s Nature: How Indonesian Law Protects The Rights Of Maternity Leave In Relation To Postpartum Depression
Setyawati Fitrianggraeni, Alicia Daphne Anugerah, Khaira Aziza Nathin
INTRODUCTION
Postpartum depression (PPD) is a major mental health problem affecting many new mothers in Indonesia.[1] It is reported that 57% (fifty-seven) of new mothers in Indonesia suffered from PDD.[2] It occurs after childbirth, with symptoms including prolonged sadness, anxiety, fatigue and difficulty bonding with the newborn. The urgency of this issue is underscored by tragic incidents, such as the case where a mother attempted to throw her infant onto the railway tracks.[3] The effects of PPD contrasts with societal expectations in Indonesia, where mothers are traditionally expected to never show signs of sadness, complaint, or weakness.[4] Access to mental health services is particularly limited in rural areas, exacerbating the situation. Although efforts are being made to raise awareness and provide better support systems, challenges remain in addressing the cultural and structural barriers to effective treatment and care.
RELEVANCY OF MATERNITY LEAVES TOWARDS REDUCING POSTPARTUM DEPRESSION
The “baby blues,” a milder postpartum condition affecting by eighty percent of mothers, lasting up to two weeks. After that duration, the condition will worsen.Unlike baby blues, Postpartum depression can last up to a year.[5] Working mothers are prone to be at greater risk of postpartum depression.[6] This is because working mothers are expected to adapt towards a new responsibility as a mother while at the same time juggling workload and carreers. The circumstances can escalate in the event the mothers are situated in an unsupportive environment.[7] Without intervention, PPD may escalate to psychosis which will cause hallucinations, delusions, and an increased possibility of suicide.[8]
INDONESIA’S POSITION ON MATERNITY LEAVE FOR WORKING MOTHERS
Indonesia provides maternity leave for working mothers as part of its labour laws, which reflects the country’s commitment to supporting women during the critical period of childbirth.
| Labour Law No. 13 of 2003 | |
| Article 82(1) | Female workers/laborers are entitled to rest for 1.5 (one and a half) months before childbirth and 1.5 (one and a half) months after childbirth according to the calculation of obstetrician or midwife according to the calculation of an obstetrician or midwife |
| Maternal and Child Well-being Law No. 4 of 2024 (“KIA Law”) | |
| Article 4(3) | maternity leave under the following conditions: 1. for the first 3 (three) months at a minimum; and 2. for the next 3 (three) months at a maximum if there are special conditions as proven by a doctor’s certificate. |
| Article 4(4) | The maternity leave as referred to in paragraph (3) letter a must be granted by employers. |
| Article 4(5) | The special conditions as referred to in paragraph (3) letter a number 2 shall include: a. Mothers who experience health problems, health issues, and/or postpartum complications or miscarriage; and/or b. Children who are born while experiencing health problems, health issues, and/or complications. |
| Article 5 | (1) Every mother who exercises the rights as referred to in Article 4 paragraph (3) letter a and letter b cannot be terminated from her work and shall still obtain her rights in accordance with the provisions of laws and regulations in the manpower sector.(2) Every mother who exercises the rights as referred to in Article 4 paragraph (3) letter a are entitled to receive wages: a. in full for the first 3 (three) months; b. in full for the fourth month; and c. 75% (seventy-five percent) of the wages for the fifth and sixth months. (3) In the event that Mothers as referred to in paragraph (1) and paragraph (2) is terminated from her job and/or does not obtain their rights, the Central Government and/or Regional Governments shall provide legal aid in accordance with the provisions of laws and regulations. |
Indonesia’s newest KIA Law provides working mothers for at least 3 months of maternity leave and this can be extended for another three months to six and up to seven and a half months.[9] The additional maternity leave must be conducted in accordance with the recommendations of the medical practitioner.[10] However, by international standards, Indonesia’s mandatory maternity leave policy can still be considered short. The limited duration of maternity leave may not be sufficient for all mothers, particularly those who experience PPD.
There is growing discussion about extending maternity leave and improving workplace support, particularly in light of global trends advocating longer leave to promote maternal and child health. Notably, The Maternity Protection Convention No. 183 of 2000 states that women are entitled to a maternity leave of not less than 14 weeks (3,2 months) but recommends increasing that period to 18 weeks (4 months), which is the current global average.[11] It bears reminding that the maternity leave in Indonesia only last for three months. Ideally, the maternity leave duration must cover the process of new mother’s recovery. The World Health Organization (WHO) recommends that countries implement mandatory maternity leave policies of a minimum duration of six months to facilitate exclusive breastfeeding practices among new mothers.[12] Ensuring wider access to maternity leave benefits, particularly for women in the informal sector, remains a challenge in Indonesia, indicating the need for more inclusive policies.
CONCLUSION
Indonesia’s maternity leave policy still needs improvement and more evalution, especially on the fact that mandatory 3 months maternity leave does not promote exclusive breastfeeding. While this reflects the government’s recognition of the importance of maternal health and recovery, the relatively short duration compared to international standards may limit its effectiveness in fully addressing the physical, emotional and psychological needs of new mothers. Extending maternity leave, along with providing flexible work arrangements and support systems like access to mental health services, could significantly lower the incidence of PPD by giving mothers the time they need to heal and adjust without the pressures of returning to work too soon.[13] Extended mandatory maternity leave has been demonstrated to be an effective means of promoting the well-being of children and new mothers alike. Extending maternity leave has significant implications for the mental well-being of mothers and their children, as well as for the future of Indonesian generations. As discussions on extending maternity leave and improving workplace support gain momentum, it is evident that there is a growing need for more inclusive policies, particularly for new mothers who are working.
REFERENCES
Labour Law 13/2003
[1] CNN Indonesia, ‘BKKBN: 57 Persen Ibu di Indonesia Alami Baby Blues, Tertinggi se-Asia’ CNN (Jakarta, 1 February 2024).
[2] Ibid.
[3] Natasa Kumalasah Putri, ‘Ibu Nyaris Melempar Bayinya ke Rel Kereta Diduga Alami Baby Blues, Kenali Penyebab dan Gejalanya’ Liputan6 (Bandung, 6 September 2023).
[4] Sri Lestari, ‘Depresi pasca melahirkan membuat saya ingin bunuh diri bersama anak’ BBC Indonesia (21 April
[5] Karen Carlson; Saba Mughal; Yusra Azhar; Waquar Siddiqui. ‘Postpartum Depression’ National Library of Medicine < https://www.ncbi.nlm.nih.gov/books/NBK519070/#:~:text=The%20signs%20and%20symptoms%20of,to%20concentrate%2C%20and%20suicidal%20ideation.> accessed on 15 October 2024.
[6] Jolly Masih and Chahat Masih, ‘Effects of Postpartum Depression (PPD) in Working Women’ (2022) 5 Journal of Anxiety & Depression Review | 148 <https://dx.doi.org/10.46527/2582-3264.148>.
[7] Jolly Masih et al., n 6, pg. 2.
[8] Jolly Masih et al., n 6, pg. 1.
[9] KIA Law, Art. 4(3).
[10] Ibid.
[11] WHO, ‘Executive Summary Care at Work Investing in Care Leave and Services for a More Gender Equal World of Work’.
[12] L Strang and M Broeks, ‘Maternity Leave Policies: Trade-Offs Between Labour Market Demands and Health Benefits for Children’ (2017) 6(4) Rand Health Quarterly 9.
[13] Ibid.
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