Sexual violence must be approached with the aim of restoring the victims. The victims must be the primary focus, because they are the ones whose lives are destroyed.
By
BIVITRI SUSANTI
·5 minutes read
DOKUMENTASI PRIBADI BIVITRI SUSANTI
Bivitri Susanti
The #percumalaporpolisi hashtag topped the trending list on social media a few days ago, when the public was shocked by new reports on the rape of three girls allegedly by their biological father in East Luwu, South Sulawesi.
The shocking act that gave rise to the hashtag was not only the act of rape, but also how law enforcement halted investigations and covered up the case. Formally, the police have dropped the case. Apart from the fact that they considered the case to have insufficient evidence, this was also because the complainant, the mother of the three victims, was said to have a mental problem – something that is unrelated to the main issue in the case, so it should not have been brought up as an excuse.
When the incident was first exposed, the East Luwu Police sent a direct message via its social media account to those who participated in spreading the news, saying that it was a hoax. In fact, the Project Multatuli website and its social media accounts were briefly inaccessible. The visum (forensic) report, which is a personal matter, was also shared on social media. Even though it was not shared by the police’s official account, the question is why personal data, such as a postmortem report, could fall into the hands of others, who then shared it?
Only after this case became a controversy did the police respond. However, it should be noted that the police’s response was distant from the views of victims of sexual violence. In addition to providing information, the police also visited the victim and the complainant without a lawyer in attendance.
Apart from that hashtag, what must be highlighted is the way law enforcement officers handle cases of sexual violence. Several previous cases were handled adequately after netizens raised a fuss on social media. For example, the rape case in South Tangerang, which initially proceeded very slowly, was concluded only after the victim shared her story on social media. In addition, when receiving reports from the public, some law enforcement officers’ treatment of the victims was far from proper. For example, the police would ask about what the victim was wearing or whether the victim enjoyed the violence she experienced. These two questions is like dripping vinegar on a wound, adding torture to victims of sexual violence.
The definition of rape in the Criminal Code (KUHP) is also rigid. Apart from that, law enforcement use the article on obscenity, which carries a lighter sentence. Further, there are other types of sexual violence that are entirely unregulated and are therefore ignored. The victim’s physical and psychological suffering seems invisible to the law. Victims are also often treated as if they are begging for mercy and they must prove that the violence had indeed happened to them, such as the fact that the victim must bear the cost of forensic testing, which is required to continue the legal process.
According to data from the Women's Empowerment and Child Protection Ministry’s Online Information System for the Protection of Women and Children, 3,649 women and 5,048 children were victims of sexual violence between 1 Jan. and 21 Aug. 2020. This report should not only be viewed as a statistic because victims are individuals who suffer physically and psychologically, and even their futures are damaged, especially with the public stigmatization that they often receive.
It is very important to have institutions and law enforcement that take a victim-oriented perspective and understand sexual violence. The President, the House of Representatives (DPR) Speaker, Cabinet ministers, the National Police chief, or the Attorney General are never the first in line to meet victims. However, they can issue policies that will improve the handling of sexual violence cases. The way to do this is to immediately ratify the Elimination of Sexual Violence Bill. Laws should be seen as a commitment to solving problems, not as merely a way to impose criminal sanctions. The draft law on the Elimination of Sexual Violence also covers the prevention of sexual violence, victim treatment and management, building a system that does not blame victims, and victim-oriented law enforcement.
It is impossible to imagine how three small girls in East Luwu suffered physically and had their future destroyed. Similarly, when we look at old cases, such as the 2016 rape and murder in Bengkulu. YY was 14 years old when she was raped and killed by 14 men, some of whom she knew. There is also the case involving a male victim at a church in Depok and an adult male at the broadcasting commission. Sexual violence must be approached with the aim of restoring the victims. This requires a change in law enforcement and the behavior of law enforcement officers in handling such cases. The victims must be the primary focus, because they are the ones whose lives are destroyed.
BIVITRI SUSANTI, Lecturer, Jentera Indonesian Law School
