It is ironic that the ratification of a bill to eradicate sexual violence is being delayed at a time when cases of sexual violence are rife in this country.
The people have high expectations that the sexual violence bill (RUU TPKS) will receive a second approval at the House of Representatives’ plenary meeting on Thursday (16/12/202). Only then can the government begin discussions to immediately ratify the bill.
The bill was first approved by the House’s Legislative Body (Baleg) on 8 Dec. Approval was given by a working committee consisting of nine party factions. The supporting factions include the Indonesian Democratic Party of Struggle (PDI-P), the Gerindra Party, the NasDem Party, the National Awakening Party (PKB), the National Mandate Party (PAN) and the United Development Party (PPP). Meanwhile, the Golkar Party faction delayed its decision to hear more public input, whereas the Prosperous Justice Party (PKS) opposed the bill.
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Ironically, the bill’s deliberation was delayed on Thursday’s plenary session due to administrative issues. The House’s Baleg chairman Supratman Andi Atgas admitted that he had neglected to ask the House’s Steering Committee (Bamus) to include the second deliberation of the bill at the meeting.
The House Bamus’ tasks include setting the House’s agenda for one trial period, including the discussions of bills. The last Bamus meeting took place prior to the Baleg approving the sexual violence bill.
Multiple acts of sexual violence have been reported in the last few months, reflecting an urgency in having regulations that govern the prevention of such violence. Existing regulations, including the Criminal Code (KUHP), are inadequate in recognizing the complexities of sexual violence, especially from the victim’s perspective.
Many victims are unable to disclose, let alone report, the violence they experienced due to fear of the perpetrator or embarrassment, or because they blame themselves.
What is missing from existing regulations is the acknowledgement of a power imbalance between the perpetrator and the victim. Many victims are unable to disclose, let alone report, the violence they experienced due to fear of the perpetrator or embarrassment, or because they blame themselves.
The bill approved by the House Baleg regulates the prevention of all forms of sexual violence, prosecution of perpetrators, as well as the management, protection and restoration of victims’ rights at each phase of the investigation, prosecution and examination process in court. This bill pays special attention to the suffering of victims by providing restitution, security guarantees and recovery. The bill also involves the community in sexual violence prevention.
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The House chairman said a letter had been sent to Bamus, requesting that the bill be included in the discussion schedule for the plenary meeting at the beginning of the 2022 session in early January.
As a majority in the Baleg have already approved the bill, it is believed that a second approval will be given. Even so, the community must continue to monitor so that the bill is immediately passed in order to prevent the recurrence of sexual violence.
(This article was translated by Kesya Adhalia).
