Waiting for the State

The decision of the House of Representatives (DPR) to submit the draft sexual violence law on its own initiative is a step forward that has been long awaited.

The warning bell over sexual violence has been sounding loudly and repeatedly, calling for our attention and concern in taking concrete actions to prevent and address the problem, especially the state. There are many valuable lessons to be drawn from cases of sexual violence, especially from cases that have involved loss of life, such as the recent NWR case and the 2016 case of Yuyun, a junior high school student in Bengkulu.

Data from the National Commission on Violence Against Women (Komnas Perempuan) revealed that during the 2015-2020 period, it had received reports on 11,975 cases of sexual violence (Kompas, 9/12/2021). Of this number, 4,500 cases were reported to the commission in January-October 2021, twice the total number of cases recorded in 2020

The number of unreported cases could be even higher. The lack of adequate legal protection has prompted many victims of sexual violence and their families choose to remain silent to avoid being victimized.

Some cases of sexual violence have been legally processed, but have not brought justice for the victims, beginning with evidence that is presented in a manner that often humiliates victims, and to the relatively light sentence handed down to the perpetrators. In fact, many perpetrators have been acquitted.

CAHYO HERYUNANTO

CAHYO HERYUNANTO

Indonesia’s criminal law only considers sexual violence as a moral crime. In actual fact, it is a crime against human dignity, a violation of human rights. Support for victims is also limited. It must be remembered that sexual violence can cause lifelong trauma for victims and could even destroy their future.

Sexual violence can occur to anyone, but particularly women and girls, and can happen anywhere, including at educational institutions. Cases of sexual violence have emerged at not only universities, but also primary and secondary schools. It is like the iceberg phenomenon. The power relationship between the perpetrator and the victim often makes it difficult to detect cases of sexual violence at educational institutions.

Sexual violence is no longer an emergency but an acute illness, and the state must come up with a strong law as a legal instrument. There is no longer any reason for delay. The House must start deliberating the Sexual Violence (TPKS) Bill and enact it immediately.

KOMPAS/LASTI KURNIA

ILLUSTRATION. Residents and a number of activists gathered to voice their concern for YY, a rape victim in Bengkulu, in front of the State Palace, Jakarta, Wednesday (4/5/2017).

Given the urgency of the need to prevent sexual violence and to protect victims, as well as learning from the controversy surrounding the deliberation of Law No. 11/2020 (Job Creation Law), the deliberation of the TPKS Bill must be victim-oriented and have the capacity to revise any shortfalls that still exist. All parties have a responsibility to oversee the deliberation of the TPKS Bill until it is passed into law.

(This article was translated by Hendarsyah Tarmizi).