The urgency of passing a bill that eliminates sexual violence
Written by Yohanna Belinda and Tentry Yudvi | Read in Indonesian
On 8 September 2021, the House of Representavies Legislative Body (Baleg DPR) changed the name of the Elimination of Sexual Violence Bill (RUU PKS) to Sexual Violence Crime Bill (RUU TPKS).
Not only changing the name, the lawmakers only acknowledged five types of sexual violence from the original nine types. Among them are Sexual Harassment, Forced Use of Contraceptive Devices and Criminal Acts of Sexual Violence Accompanied by Other Crimes.
This amendment raised not only questions, but also anxiety about the fate of victims of sexual violence. Some of the articles already represent the wishes of rights activists and the community. But, according to advocate and administrator of LBH Surabaya Pos Malang Eva Tri Eva Oktaviani, the TPKS Bill does not provide sufficient protection for the victims.
"If you look at the material in the TPKS Bill, I don't think it can accommodate the needs of the victims. The settlement is made repressive, so there is no protection for the rights and recovery of victims. Not only that, there are many forms of violence that were eventually merged into the Criminal Act of Sexual Violence point.On the contrary, the original PKS Bill also covered abortion rights and slavery. Sexual slavery still exists in regional areas," Eva told The Finery Report.
It is not surprising that the TPKS Bill is causing controversy, especially since it is a special law. Eva said that if there is a special bill, the general regulations will be ignored, such as the recovery of victims. Eva also realises that this change is actually a step backward in protecting and defending victims of violence.
“That’s not all. The TPKS Bill will also affect case settlement, especially now that there is a new regulation from the National Police. The regulation makes the authorities take a restorative justice approach where the case is settled through mediation. Mediation is what the perpetrator needs, not the victim,” said Eva.
The call for restorative justice for the settlement of sexual violence cases has made many victims of sexual violence meet a "dead end" in defending themselves. Mediation between the perpetrator and the victim can exacerbate the victim’s trauma.
This is what happened to Risa*. Risa shared her story that she was sexually assaulted by the perpetrator, whom she met through an online application. She reported the incident to the police in Malang. Instead of getting protection, her story was questioned by the police.
*not real name
“After the incident, I reported it to the police and there is evidence in the form of a forensic report. There were also the clothes that I wore, but what makes the police doubt it was because there is no photo of me and the perpetrator," said Risa.
The police’s statement prompted Risa to come to Jakarta. She brought the forensic and forensic psychiatry reports, but the evidence was still deemed not sufficient by the police in Jakarta. This makes her dispirited.
For her, sexual violence does not only take away one’s physical health, but also inflicts psychological wounds that have long-term effects. "In the past few months, I had trouble communicating with other people; I couldn’t focus on the conversation," she said.
Realising that she was in a depression, Risa asked for legal assistance from the Integrated Service Centre for the Empowerment of Women and Children (P2TP2A). However, based on her experience, the assistance is still not enough. That is because she was often asked the same question and that traumatised her.
Emotional exhaustion that Risa felt was also experienced by other victims. It came as no surprise that many victims are reluctant to make a report.
NW, 23, a student from Mojokerto, took her own life on 2 December. She had no other way to deal with her boyfriend, a police officer with the rank of brigadier 1st class.
Before she died, NW shared her story through Quora. Her boyfriend raped her when she was unconscious. NW said she was given sleeping pills.
The perpetrators did that many times. She experienced two unwanted pregnancies and went for abortion both times.
NW finally asked for help and assistance from LBH Pertama Law. However, in the midst of investigation, NW gave up because she was pressured by her family to believe in her boyfriend.
Children are also at risk of sexual violence. Adhisti* was 12 when a neighbor of the orphanage where she lived raped her on 19 November 2021.
*not real name
Roro Dwi Umi, who assists Adhisti, said that the victim experienced what is called post traumatic disorder (PTSD). "Initially she was still experiencing PTSD, which is characterised by nightmares, loss of appetite and fear, but she gradually improved," she explained.
Roro also helped Adhisti recover through various efforts, starting from assistance to providing support for her parents. She said, “I am providing assistance by giving directions to her parents with dedek to accept the reality, not to blame and provide a sense of security. Helping dedek relax, learn to control fear, learn to think positively, eliminate negative thoughts," she said.
However, it should be realised that sometimes it takes time for victims of sexual violence to speak up. Leo A Permana explained that cases that are not reported immediately usually still have at least six to nine months.
“The Criminal Code only stipulates the expiration period for submitting a complaint to the police (Article 74): Six (6) months after the person entitled to complain finds out about the act, if they are in Indonesia; Nine (9) months after the person who has the right to complain finds out about the act, if they are abroad," he explained.
The importance of laws that favour victims
Seeing the condition of victims of sexual violence whose reports are often not responded to swiftly, Risa deemed that Indonesia needs the PKS Bill or a law that sides with victims. To this date, there is no law that fully sides with the victim.
“This PKS Bill is actually very important. What I do know is that when sexual violence happens, the victim really needs support. Victims really need protection and recovery, which costs are also significant. The families of the victims need support. The role of the government is very much needed," said Roro.
In the past few months, there has been discussion of the change in the meaning of the PKS Bill when it is amended into the TPKS Bill. As reported by CNN, the change is considered to change the meaning of the PKS Bill. The PKS Bill contained a philosophy about efforts to eradicate sexual violence. It means all forms of attempts to commit sexual violence are suppressed so that violence does not occur.
Legal aid agencies also need support from the government
Mariyam Jameelah, a psychologist and volunteer at a non-governmental organisation, Resister Indonesia, said that legal aid institutes also needed support from the government.
"The number of legal assistants is limited, because they also handle countless cases, we call them patching." Mariyam said legal aid institutions take over the government’s role.
"Because actually their (LBH) position is to replace the government which failed to play its role properly. It is the duty of the state to protect the people; to make sure that women are safe from violence, from fear. And civil society takes over that role, because the state failed. If they lack resources, it's a human thing,” said Mariyam, who was also a companion for victims of sexual violence at the Human Crisis Centre, Malang.