CATAHU 2023 showed that TPKS Law has not been applied effectively.

Grumbling to See CATAHU 2023, Real Evidence of TPKS Law Has Not Been Effectively Implemented

National Commission on Violence Against Women (Komnas Perempuan) annual records, called Catatan Tahunan or CATAHU, have just been launched. It proves that the TPKS Law has not been implemented effectively.

After two years of being limited due to the pandemic, Komnas Perempuan has again launched its CATAHU 2023 offline. 

In short, CATAHU is the result of an annual analysis of data on reports of violence against women in Indonesia from various institutions initiated by Komnas Perempuan. In the last 23 years, Komnas Perempuan has succeeded in consistently launching CATAHU. Which is always held in the month of International Women’s Day

The launch event was held at Santika Premiere Hayam Wuruk Hotel, West Jakarta. Dr. Bahrul Fuad, MA (Cak Fu), Theresia Sri Endras Iswarini (Rini), Mariana Amiruddin, M.Hum., and Dewi Kanti Setianingsih as Komnas Perempuan commissioners became the presenters of the 2023 CATAHU findings.

Also Read: ILO launches Strategy to Achieve Decent Work for Domestic Workers

In the middle of yesterday’s event, appreciation was given from the Presidential Special Staff Chief Expert Siti Ruhaini Dzuhayati. She referred to the contribution made by Komnas Perempuan as, “Beyond the call of duty and limitation.”

There are various developments in this year’s edition of CATAHU, including increasing the number of forms returned and adding data from multiple service agency sectors. Some of them are the Indonesian Positive Women Association (IPPI), Indonesian Migrant Workers Union (SBMI), Kabar Bumi, The International Organization for Migration (IOM), Safe Circle Community, Indonesian National Armed Forces Legal Development Agency (Babinkum TNI), and the Judiciary Body. General (Badilum). However, Babinkum TNI and Badilum data could not be compiled this year due to format differences. 

In addition, CATAHU 2023 also focuses on intersectional issues, not only concerned with the context that the victims are women but also part of a dual minority group. For example, women with disabilities, migrants, those in conflict with the Law, and those living with HIV/AIDS.

Review of data findings on violence against women in 2022

CATAHU 2023 describes a decrease in the number of reports of violence as a whole, but an increased in the number of reports to Komnas Perempuan. Throughout 2022, sexual violence was the most frequently reported form of violence to Komnas Perempuan (2,228 cases/38.21%).

Reports of sexual violence in the public sector accounted for the highest number compared to other sector. In the gender-based cyber violence (KSBG) category, the number of reports related to sexual violence also occupies the most elevated position. Furthermore, Komnas Perempuan found that the number of reports of harassment was higher than rape. This is a different finding than usual.

“What does it mean? Education in society is getting better and better. So more and more people realize and are aware that the words’ Assalamualaikum, beautiful’ is sexual violence.” Said Alimatul Qibtiyah on Tuesday (7/3).

Consistently, Komnas Perempuan has carried out various programs and socialization both offline and online. For example, the 16 Days of Anti-Violence against Women (16HAKTP) campaign in collaboration with civil society or outreach regarding forms of sexual violence to various regions and religious leaders.

The increase in the number of reports about sexual violence is also possible because of the presence of policies or regulations that can legally protect victims. Such as Permendikbudristek No. 30/2021, Law no. 12/2022 (TPKS ), and PMA No. 73/2022. Based on that, the public is assumed to be more courageous in reporting cases experienced by themselves or those around them recently.

The passing of the TPKS Law is just the beginning.

After a 10 year wait, the TPKS Law was finally passed on April 12, 2022. A lot of time was wasted, every delay took its toll. Considering that every two hours, 3 women experience sexual violence. Women in Indonesia have suffered enough losses.

The TPKS Law succeeded in regulating nine criminal offences of sexual violence and adopted six key elements of a comprehensive legal framework. This approval is encouraging but only the beginning of the victim’s struggle for justice. 

One of the legal obstacles experienced by victims is the absence of complete harmonization of policies for the TPKS Law, even contradictory. Such as the regulation on marriages dispensation for minors. 

Mariana emphasized that while waiting for derivative regulations, implementing the TPKS Law also needed to be accelerated. One way is to provide socialization so that the community and law enforcement officials (APH) can have a more perspective on victims. Including education related to sexual and reproductive health.

Responding to CATAHU 2023, Siti Mazuma explained that the Service Providers Forum is also still waiting for derivative regulations from the TPKS Law. Both in Presidential Regulations and Government Regulations, so implementing the TPKS Law can be a solution. 

“Solutive or providing consideration for women victims of sexual violence whose cases have been hampered in the legal process. Both at the level of the police, prosecutors, and courts.”

Also Read: Why Does LGBT Community Face Discrimination Continuously? 

Siti and Mariana’s statements align with what the victims experienced amid their journey to seek legal justice. At the start of the ratification of the TPKS Law, many local police refused to use the Law. They were also reluctant to accept reports of complaints from civil society. This attitude of the police makes victims even more reluctant to report.

In addition, service agencies have recorded that up to now, more cases of violence against women have been stuck in the investigation and investigation process (1,947) rather than the prosecution process (372). In addition, the number of cases where the legal process was terminated wasalso considered high. 

Deputy Registrar for Special Crimes Dr. Sudharmawatiningsih, SH, M. Hum. Assessed that judges should not only see the TPKS Law as something detached from the existing social context. However, they also need to explore other things. Such as the values ​​that live in society, conventions that have been ratified, the social existence of victims, and the existence of judges to prevent gender stereotypes. As detailed in the Supreme Court Regulation (Perma) No. 3/2017 Article 7 concerning Guidelines for Trying Women Against the Law. 

At this rate, where should women run to?

CATAHU 2023 shows that 8.6% of the perpetrators of violence against women are carried out by people expected to be protectors, role models, and state representatives. In detail, 68 violence cases in the state reported to Komnas Perempuan last year. Meaning, a consistent 9% as in the previous year. Some of the perpetrators of this violence case include APH, the police, and the TNI. 

Even though the numbers seem minor, violence in the realm of the state has a significant impact on people who want to seek justice. Siti Mazuma realizes that the amount of violence described in CATAHU is only the, “Tip of the iceberg.” State institutions that are supposed to be protectors instead commit violence against the people. So where should victims go to seek justice?

Women who experience violence are far from being protected by the Law. For example, the Law on the Elimination of Domestic Violence (PKDRT) has not run optimally. The domestic violence case ended in restorative justice because it was underestimated despite being passed since 2004. There is also the Domestic Worker Protection Bill (PPRT) and the Indigenous Peoples Bill. Which the state has not yet ratified, causing harm to women. 

Komnas Perempuan, as stated by its Commissioner, Mariana Amiruddin. Considers that more optimal prevention and handling of discriminatory policies can positively contribute to efforts to eliminate gender-based violence against women.

(Translated by Marina Nasution from here)

Fiona Wiputri

Mahasiswa semester akhir di Universitas Multimedia Nusantara (UMN) yang kini menjadi reporter magang di

Let's share!