The implementation of the law on sexual violence crimes (TPKS) has not been optimal yet, even on Kartini Day since it passed two years ago. Currently, the implementation still has not run significantly.
On April 12th, 2022, the People’s Representative Council of the Republic of Indonesia (DPR RI) plenary meeting passed the law on sexual violence crime. On May 9th, 2022, the government issued Law No.12/ 2022. This work was highly appreciated by various parties, including public, civil society organizations, victim advocates, Law Enforcement Officials, academics, etc.
Activists who guard the law on sexual violence crime indicated that the law is already expected by sexual violence victims because the increasing number of the sexual victims. The law on sexual violence crimes regulates victims to get justice for specific types of sexual violence.
The most essential mandate in the sexual violence crime law is to create seven derivative regulations. There are three government regulations and four presidential regulations which cover technical and operational aspects. It is needed for the regulation implementation. The process needed one year based on the first agreement. But after two years, the government only finished one regulation, which was government regulation in the implementation of TPKS education and training. The others were still waiting in a harmonized process or technical reasons, such as election.
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“This condition has an impact on the lack of effectiveness in implementing the TPKS Law as well as the budget and infrastructure for law enforcement. The same applies to the protection and restoration of the rights of victims of sexual violence,” they wrote in a statement received by Konde.co.
These activists quote a letter from Kartini to Rosa Abendanon and Estella Zeehandelaar to response on this situation “… don’t let the darkness come again, don’t let women be treated arbitrarily again”
“This becomes our remembrance that our work to ensure justice and freedom from sexual violence based on gender is still far because our government less care,” they said.
Four Essential Notes about the Ineffectively of TPKS’s Implementation
The civil society network guarding TPKS gave details on the ineffectively of TPKS’s implementation at the national or local level, which were:
First, in civic society, the number of sexual violence has increased, including in media or data, even since the TPKS regulation was issued.
“Civil society doesn’t get enough information about the regulation of sexual violence prevention” they said.
It meant there was no socialization in society, especially for civic society and stakeholders to understand TPKS regulation substantially. The information included instructions on reporting TPKS cases and getting service access.
Second, they spoke up about services access for the victim and the victim’s family. The role and function of the Regional Technical Implementation Unit for the Protection of Women and Children (UPDT PPA) was not yet optimal. This UPDT PPA were integrated service provider, several departments, Law Enforcement Officials (APH). Including police, prosecutor’s office, ministry of religion, hospitals, and community-based service providers.
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So, the guideline was needed to integrate related parties. The lack of services access was including fast response services and infrastructure, which were supporting resources, safe houses, and utilization of protection services from Indonesia Witness and Victim Protection (LPSK), and budgeting arrangement for TPKS cases.
“This makes the case resolution never done and, most of the time, becomes a burden for companion and community-based service providers” they said.
Third, they criticized the limited number and capacity of organization resources and community-based service providers to handle sexual violence cases, especially in frontier areas where the services were uneven.
Public Administration of Women Empowerment and Child Protection (UPPA), which was a police station in the regency, was still difficult to access and needed high fees. In several places, TPKS cases were handling by police station in regency. So the report in sub-district level would directly go to UPPA in regency level.
“Companion cannot work optimal” they stated.
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Fourth, Law Enforcement Officials (APH) didn’t completely understand the substantial TPKS regulation as Lex Specialis Law. There was caution, refusal, and confusion toward TPKS implementation. APH chose to use criminal code to take action against the perpetrators. Such as Article 286 concerning Sexual Intercourse, Article 289 concerning Obscenity, Article 477 concerning Rape, Article 351 concerning molestation, etc.
According to these facts, they forced the government to finish the process to pass three government regulations and three presidential regulations.
“It for victim and social justice, including vulnerable groups from sexual violence” they added.
Activist forces government to implement presidential decree No 9/ 2024 about Organizing Education and Training for the Prevention and Handling of Sexual Violence Crimes.
“Force the government to provide budget, mechanism, and effective coordination system. Also, they need to provide resources, institutions and service providers who can handle TPKS cases comprehensively, thorough, and equal in Indonesia” they said.
(Translated by Theresia)
