On the Day of Anti-Violence Against Women, November 25, Konde.co published a Special Women’s Edition.
This information suddenly came and stated that a candidate for Regent in Jember, East Java, with the initials MF, was reported to be having an affair. We heard this information on the sidelines of the 2024 Pilkada campaign.
So far, MF has had a wife. Before the affair case ahead of the Pilkada was revealed, MF was also reported to have been married to another woman whom he married in secret and had a child with. The woman he married in secret was then divorced when she was found to be pregnant. A source stated that this woman was secretly married in a car, then divorced just like that via WhatsApp (WA) message.
Ahead of the Pilkada voting, which will be held on November 27, 2024, several regional leader candidates are in the spotlight. This is because some of them are suspected of committing sexual violence and violence in dating, some of which are in Jember, Central Java, Maluku, Papua, and Bekasi.
One of them is MF, a Regent Candidate in Jember who is suspected of having an affair with a female celebrity with the initials MA.
MA’s husband, Yu, revealed this incident on Tiktok mak.lambe.turah and confirmed that his wife, MA, had indeed had an affair with MF. The truth about this affair was also obtained from the evidence of chats between MA and MF.
“One of them said they love each other, then replied with a love sticker. My wife said love, then MF also said love.”
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Previously, when the chat was discovered by Yu, MA said that the chat did not come from MF. But after some time passed, MA finally admitted that he had a special relationship with MF. MA has been known to work with MF as a campaign team and was given a lot of money.
“The money was not a little, a wad; it was the result of work with MF. It was shown to me that I don’t know what my wife’s work model with MF is, and I also asked about the contract, how much should it produce? My wife only said I’ll ask for it later, I’ll ask for it later.”
However, over time, Yu saw a big change in his wife, such as suddenly, his wife was able to buy a house and apartment.
“My wife can buy a house until the latest one, whether this apartment is rented or bought, I don’t know.”
Yu also stated that his wife then openly showed that she did have a close relationship with MF.
Konde.co then contacted the Director of LBH Jentera Perempuan Indonesia, Fitriyah Fajarwati, and the Director of Gerakan Peduli Perempuan (GPP) Jember, Sri Sulistiyani to investigate this case on Wednesday (20/11/24). Both Sri Sulistiyani and Fitriyah revealed that their party had not yet investigated this case. However, according to Sulis, it is important to observe the responses that are developing from several parties involved in the case and the widespread news circulating in Jember.
Fitriyah said that so far, there has been a report to the police regarding the alleged affair between the Jember Regent Candidate (MF) and a woman (MA), which was revealed by Yu, MA’s husband. She got this information from media reports that were widely reported in Jember.
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“From media reports, there has been a report to the East Java Regional Police made by her husband. Because the husband saw his wife’s chat with MF. When confirmed with his wife, he admitted to having a relationship with one of the Jember regent candidates,” said Fitri.
This report to the police indicates that the ongoing case is a serious matter. Sulis regrets the attitude of the alleged perpetrator in responding to the case that allegedly involved him. Yu’s lawyer, who was contacted by Konde.co, has not responded to the report to the Regional Police until this news was published.
Previously, when the issue of extramarital affairs and unregistered marriages involving other women surfaced before the Supreme Court, MF denied it by saying the news was slander and a lie. Instead of proving the accusations were untrue, MF instead counterattacked with accusations.
“So there is no culture of shame. We need to follow the example of Japanese society; if they are involved in a case like that, they step down. Or do the reverse proof, if she is accused, then prove that she did not make the accusation,” said Sri Sulistiyani.
Another thing is responding to allegations of sexual violence by using women as shields or confronting women face to face. Sri Sulistiyani said that this kind of strategy is sadly often used.
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“For example, when a leader is accused of being a perpetrator of sexual violence against women, his wife is presented as a loving mother, a housewife, a wise woman, a gentlewoman, etc. It’s like a line is drawn to her husband that if his wife is pious, it’s impossible for her husband not to,” explained Sulis.
“That’s the phenomenon that I see, that women are once again used to cover up the disgrace or the badness of the prospective leaders. So it’s as if the public is led to see the male prospective leader through his wife’s profile,” he added.
If, for example, a prospective leader cheats or has a secret marriage anywhere, his first wife is also a victim. So the victim is used to cover up or silence the other victim, explained Sri Sulistiyani.
On the other hand, the victim is also manipulated to defend herself. This can be seen from the statements of women who are having affairs or who are in secret marriages. For example, by stating that she is happy as if she is not a victim of sexual violence. The statement of happiness cannot be separated from the gifts given to her. This phenomenon can be found in Jember and outside Jember. Efforts to lead public opinion are carried out by deploying buzzers, some of whom are also part of the candidate’s campaign team.
Fitri added that another strategy used was to act like a victim, which is the behavior of someone who feels as if they are the victim in a situation without acknowledging their personal responsibility.
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“On social media, their posts or comments are as if they are being wronged. For example, ‘ridiculed, slandered, badmouthed, just send prayers.’ Yeah, that’s how it is. That’s the image they are trying to build. But if I look at social media, netizens are smart. I think that’s how it is,” Fitri explained.
Another thing that Sulis thinks needs to be criticized is that MF has been using a lot of symbols that are associated with feminine characteristics in her campaign. This can be seen as an effort to gain female voters’ votes.
“For example, often using love gestures (finger heart), then wearing a pink dress code. That’s to attract female voters,” said Sri Sulistiyani.
Even the slogan used is ‘all because of love.’ For Sri Sulistiyani, this is a good jargon and is relatively liked by many women, but women are actually only used as objects and tools to garner votes, while their actions are far from respecting women’s rights.
Sri Sulistiyani reminded that if half of the population is women, it is very important for prospective leaders to have the awareness to uphold women’s human rights.
“If, for example, he himself is a perpetrator of violence, then female voters can lose trust. Even though, for example, in the nomination process, he gave gifts to religious study groups to attract women’s votes. For example, by buying gamis uniforms for religious study groups, inviting them on religious tours, or giving gifts of Umrah,” she said. These actions seem to show a religious personal attitude, but they are all just symbols that are not directly related to the character of the person himself.
Examining Cases of Alleged Sexual Violence in Other Regions
In 2023, the Regent of Southeast Maluku, MTH, was known to have committed several sexual assaults, including rape, against one of the employees of his wife’s cafe, TSA. Now, in 2024, MTH is again running for Regent in Southeast Maluku.
In Konde.co’s coverage in September 2023, MTH was said to want to marry the victim and give the victim’s family IDR 1 billion. This case then went viral with several issues that could not be confirmed, including whether TSA had received compensation of one billion rupiah from this case and had been married by MTH in Jakarta.
Bintang Puspayoga, the Minister of Women’s Empowerment and Child Protection (PPPA) at that time, also provided support for the victim. She emphasized that Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS) does not allow for a peace process offered by the perpetrator to the victim in this case.
To find out the legal status of this case, Konde.co then met with the Head of Sub-Directorate IV of Women and Children’s Services (PPA) of the Maluku Police, Iptu Lilian Siwabessy, who was contacted via telephone, Thursday (11/21/2024), to confirm the status of the TSA case. She said that this case had been resolved, but she was reluctant to explain in more detail.
Iptu Lilian reasoned that she did not want to stir up the situation ahead of the Pilkada. She asked Konde.co to contact the Director of the Criminal Investigation Directorate of the Maluku Police, Kombes Pol Andri Iskandar to get more detailed information.
“I can only say that the case is resolved, regarding the blah blah blah, I can’t explain, for more details please meet our director,” she said.
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Director of the Maluku Police Criminal Investigation Directorate, Senior Commissioner Andri Iskandar, when contacted to submit an interview on November 22, 2024, and waited from 11:00 WIT to 16:00 WIT, he did not come to his office on Jalan Rijali and did not read the message sent. From information from a police officer at the Criminal Investigation Directorate, Senior Commissioner Andri Iskandar has been at the Maluku Police office on Jalan Sultan Hasanudin since morning and will be difficult to meet.
Konde.co again tried to contact Senior Commissioner Andri Iskandar via WhatsApp message on November 22 and sent questions to be asked in the interview so that they could be answered after he was free, but the message was only read on November 23, 2024, and was not replied to.
Supported by the National Awakening Party (PKB) and the National Mandate Party (PAN), MTH, who won the 2018 election and served as the regent of Southeast Maluku for the 2018-2023 period, is now running again. The alleged sexual violence case reported at the end of his term did not stop MTH from returning as regent.
Head of the Technical Division of the Southeast Maluku Regency KPU, Triko Notanubun, when contacted on Friday (11/22), said that the Police Record Certificate (SKCK) submitted in the name of MTH along with other files during registration, explained that his status was only as a reported party in a case of alleged sexual violence in 2023. Recorded as a reported party by the local KPU, MTH is considered to still meet the requirements to participate in the political contest on November 27, 2024.
“Only reported party. In principle, the KPU, as long as they do not violate the requirements, they can still run again,” said Triko Notanubun to Konde.co.
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Konde.co then met Othe Patty from the Yayasan Peduli Inayana Maluku (YPIM), who accompanied TSA, supported by the Gerak Bersama Perempuan Maluku activist network, trying to resolve the case and get justice for the victim. Othe Patty believes that until now, the victim has not received justice.
“In my opinion, the victim has not received justice. The case went blundering everywhere with various issues and speculations that cornered the victim appearing in the mass media and social media,” said Othe Patty in an interview with Konde.co on Thursday (11/21/2024).
She admitted that she did not know the final outcome of the TSA case, because TSA suddenly could not be contacted or met since September 9, 2023, eight days after TSA reported the case. The victim’s family was accompanied by attorney Malik Raudhi Tuasamu at that time and they came to the Maluku Police and took over the case. After holding a press conference, they stated that the case had been resolved peacefully.
“I don’t know the process anymore and what it ended up like because the victim suddenly couldn’t be contacted at all. The victim’s family also took over the case, I was asked to no longer accompany the victim,” she said.
The victim, said Othe Patty, who previously could not be contacted at all, had answered his phone call and asked about the victim’s readiness to undergo a psychiatric examination at the Maluku Regional Special Hospital (RSKD) because the results of the psychiatric examination on September 7, 2023, were invalid. To Othe, the victim stated that she was ready to undergo a psychiatric examination on September 9, 2023, and would come with VA, her biological sister.
“We had made an appointment. At that time, I asked on the phone if I needed to pick her up and go there together, and she said VA would pick her up later. A few hours later, she could not be contacted again,” said Othe Patty.
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Upon learning of the withdrawal of the report, Othe Patty, together with the activist network Gerak Bersama Perempuan Maluku, met with the Head of the Sub Directorate of Youth, Children and Women (Renakta) of the Criminal Investigation Directorate of the Maluku Police, AKBP Sulastri Sukijang. They requested that the case be resolved because, referring to the provisions of the Law on Sexual Violence/TPKS, the resolution of sexual violence cases does not recognize the process of settlement outside the court or resolved amicably (restorative justice).
AKBP Sulastri Sukijang at that time said that investigators could not yet summon and examine MTH because the reported party was a public official. The police would follow the procedure by first sending a letter of investigation permit to the Ministry of Home Affairs. If there is no response within 30 days, then investigators have the right to summon and examine the reported party.
The police then continued the investigation, they conducted a psychiatric examination on September 7, 2023, and had to be repeated on September 8, 2023 because the results were invalid, but the family asked for it to be postponed until September 9, 2023.
On the same day, Patty Kafyan Suat, a pro bono lawyer who was contacted by TSA himself via Instagram direct message in August 2023 to ask for help, met TSA’s father at his house. At that time, TSA’s father unilaterally revoked Patty Kafyan Suat’s power of attorney as the victim’s attorney and did not allow her to meet TSA.
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On September 8, 2023, seven days after TSA reported the case, TSA’s father, accompanied by Malik Raudhi Tuasamu as the victim’s family attorney, submitted a statement refusing to continue the psychiatric examination. It was recorded that until September 11, 2023, investigators were still continuing to examine five witnesses from the family and the victim for the interview report (BAW), but none of them were present.
From this series of events, Otte Patty is convinced that the victim has not received her rights.
Some alleged cases of sexual violence in other cities have also occurred in Papua and Bekasi. Reporting from Kompas.id, one of the Candidates for Regent (Cabup) of Biak Numfor, Papua, HAN, was named a suspect in a case of sexual harassment that occurred to an 18-year-old boy. HAN was arrested and taken to the Papua Police in Jayapura on Friday, November 22, 2024. Kompas.id also wrote about the statement of the Biak Numfor General Election Commission (KPU), which stated that HAN’s candidacy was still valid because there had been no permanent or final legal decision.
In Bekasi, the alleged sexual violence case committed by the Bekasi Mayoral Candidate, S, was committed against his own cadre. This case was uncovered after someone heard a voice recording.
As reported by the media pojoksatu.id, the women’s groups that formed the Bekasi City Care Women’s Movement (GWPKB) condemned the alleged sexual violence committed by the reported party with the initials ‘S’ against the victim ‘IL’. They also came to the Bekasi Bawaslu Office on November 22, 2024, and asked Bawaslu to disqualify the regional leader candidate who harassed women. Currently, S has been reported to the Metro Jaya Police for the alleged sexual violence case.
Alleged Dating Violence in Central Java
In Central Java, one of the gubernatorial candidates is also suspected of committing dating violence against his girlfriend. Previously, Konde.co also obtained information about this allegation from an activist.
This allegation emerged through a tweet from one of X’s accounts, @JhondeeMinang, on October 30, 2024. In its post, the account stated that Gubernatorial Candidate AL had thrown an ashtray at his girlfriend V because she was considered careless when using social media. This was because their photos were spread, and her friend’s Instastory then went viral.
Previously, on October 29, 2024, the account tweeted that V usually traveled in a luxury car with an East Java plate. V was also usually escorted by a police officer every time he traveled. In his tweet, the account also included a video showing V picking up someone in a luxury car.
Not long after, the Instagram account that allegedly belonged to V uploaded a clarification through a post explaining that he had received criticism due to the news about his relationship with AL. He also emphasized that he had no special relationship with AL. V also admitted that the luxury car he used did belong to AL, and he had only borrowed it.
After making the post, V then changed his social media account settings to a private account, so that it could not be seen and commented on by accounts that were not his followers. So far AL has not made a statement to the public regarding the case, but the issue has become a widespread discussion among netizens.
Konde.co tried to trace the alleged violence case by contacting the Director of LRC-KJHAM, a service provider institution in Semarang, Nur Laila Hafidhoh, or Yaya on Monday (11/18/24). However, Yaya said that until now her institution had not received a complaint from the victim. He also had not received information about the service provider institution that accompanied the victim.
“We work based on the experience or complaints of the victim or her family. So far, we have not received any complaints from the victim, and we have not heard which service institution the victim was accompanied by. So we cannot yet respond to the truth of the case,” said Yaya.
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Meanwhile, the Director of the Jember Women’s Care Movement (GPP), Sri Sulistiyani, revealed the results of her observations on social media regarding the ongoing case related to Gubernatorial Candidate AL.
“The news circulating is that he dated the girl for years, so in other words, she was a mistress, and he (AL) was a widower. Then the girl asked to be married, and AL only made promises. The girl asked to be married before the regional election. AL got emotional, he threw an ashtray toward his girlfriend,” she said.
This issue is trending on social media and has become a topic of discussion among netizens. Sulis continued that AL has a slogan, “Ngopeni Ngelakoni,” which means to care for and do/work on. After the case emerged, netizens twisted the jargon into “Ngopeni Ngelakeni”—a term with a rude meaning—which means to care for and invite sexual relations. After this issue went viral, AL and her running mate’s electability survey dropped. Sulis suspects that the emergence of this issue also had an effect.
Tempo on November 9, 2024 wrote that several survey institutions had released the results of electability surveys showing that AP and her running mate (AL’s opponent) were ahead of AL and her running mate. Whereas previously the survey results showed that AP and her running mate had lagged behind. A survey by the Poltracking Indonesia institution in the September period, for example, showed that AL and her running mate were ahead.
Secretary General (Sekjen) of the Indonesian Women’s Coalition (KPI), Mike Verawati, who was contacted by Konde.co after holding a peaceful Pilkada event for women at the HI Roundabout, Jakarta on November 17, 2024, confirmed that KPI had also recorded several regional head candidates who had campaigned sexistly, misogynistically and were suspected of committing sexual violence.
“Yes, there is sexism, misogyny, and allegations of sexual violence in several regions,” said Mike Verawati.
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Mike Verawati said that the KPU and Bawaslu should have considered this a regional leader candidate.
“This kind of thing should be responded to, this bad track record is not only done by corruptors. This is performance, before anything else they are already committing violence. This is a bad example, there is a cancellation, and it is not considered, especially since these parties do not feel that this sexual violence is related to politics, this violence is how to treat women in perspective, in working later,” said Mike Verawati.
Sexism and Misogyny Around the Regional Elections
Regional leader candidates also carry out sexism and misogyny around the regional elections.
On Thursday (21/11), a video clip circulated showing Jakarta Governor Candidate Ridwan Kamil belittling widows as a joke when declaring volunteer support in East Jakarta.
“Later, the widows will be supported by Mr. Habiburokhman, will be taken care of physically and mentally by Bang Ali Lubis, will be given basic necessities by Bang Adnan, and if they are suitable, they will be married by Bang Ryan,” said Ridwan Kamil in his speech, followed by laughter from his team, all of whom are men.
Ridwan Kamil has a track record of making sexist posts on social media that objectify women. In 2017, he also made a statement about himself “allowing” his wife to get a Master’s degree, but on the other hand, demanding his wife to “diligently go to the body scrub salon” as a form of women’s nature.
Just like Ridwan Kamil, his gubernatorial candidate partner, Suswono, also sexually harassed widows. Suswono’s statement about “rich widows” who were advised to marry unemployed young men drew sharp criticism.
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Despite his apology, his statement still shows the assumption that widows need to be “saved” by men as if they cannot be independent. Suswono asked that rich widows marry unemployed young men at the Bang Japar support declaration event at the Nyi Ageng Serang Hall, in South Jakarta on October 26, 2024
“I am sure that there are definitely poor widows. But how can rich widows ask for cards too? I suggest that rich widows marry unemployed young men,” he said
Suswono’s statement received criticism from the public. Although he later apologized, his apology statement was no less problematic, because it actually showed the fate of widowed women who had to be saved by men.
“I admit that the joke was inappropriate and unwise, whatever the explanation I admit my mistake. The joke, although intended to convey concern for orphans and widows and young men in Jakarta, was clearly inappropriate.”
This view not only perpetuates the patriarchal stigma that marginalizes widowed women but also escapes the root of the problem of unemployment and poverty. How can you make gender-sensitive policies if they are already sexist and non-inclusive from the very beginning?
Another Jakarta Governor, Pramono Anung, also often makes sexist tweets on his social media.
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“The Similarity of LOKET and TOKET… If you want to know, both are PEEKED AT.. #relax…” “Girls in sexy clothes are weird, if you look at them, they say we are rude, if we ignore them, they say we are homo #Relax.” Those are some examples that Pramono Anung once wrote on his social media X.
Other harassment and misogyny were also carried out by the Banten Gubernatorial Candidate, Dimyati Natakusumah. For example, Dimyati attacked his rival gubernatorial candidate, Airin Rachmi Diany in the Banten gubernatorial election debate on October 16, 2024. In the debate, Dimyati said that women should not be given a heavy burden, especially to become governor.
“Women must get attention because women are special. So we must protect women. Therefore, women should not be given a heavy burden, especially to become governor, that’s hard. So men must help maximize how Banten can progress,” said Dimyati.
Dimyati said this, even though his wife, Irna Narulita, has served as the Regent of Pandeglang since 2016.
Apart from that, there are misogynistic statements against LGBT and women. Independent gubernatorial candidate for DKI Jakarta, Dharma Pongrekun, said that female teachers were deliberately placed in kindergartens to prepare children to become part of the Lesbian, Gay, Bisexual and Transgender (LGBT) community from an early age.
Apart from that, there is also a sexist billboard from the candidate pair for Regent and Deputy Regent of Sleman, Harda Kiswaya – Danang Maharsa which reads ‘Choosing an Imam (Leader) Why Wedok. Don’t, Dik! Imam (Leader) Must Be Male’ which means ‘Choosing an Imam (Leader) Why is it a woman. Don’t, Dik! Imam (Leader) Must Be Male’.
Another was carried out by the Pandeglang Regent Candidate, Aap Aptadi. As reported by Detik.com, Aap stated in the Pilkada debate, on Friday, November 15, 2024, he emphasized that the government must be able to take a firm stance to reduce the number of violence by involving all components of society. Moreover, he said, LGBT in Pandeglang is suspected of having started to be organized in Pandeglang.
“I see in Pandeglang it’s not just violence. But also sexual harassment and same-sex sexual relationship (LGBT) seem to be organized in Pandeglang. And therefore the government should not hesitate to take firm action involving all components of society, eliminating or reducing against women and children,” said Aap Aptadi.
Suspected of Violence Cases, But Can Still Be Regional Leader Candidates?
The National Commission on Violence Against Women then made critical notes on the General Election Commission (KPU) Regulation Number 8 of 2024 concerning the Nomination of Governor and Deputy Governor, Regent and Deputy Regent, and Mayor and Deputy Mayor.
In this regulation, among other things, candidates must meet the requirements of never having been convicted based on a court decision that has obtained permanent legal force. Because committing a crime that is threatened with imprisonment of 5 (five) years or more. Except for convicts who commit criminal negligence or political crimes and are not former convicts of drug dealers and convicts of sexual crimes against children. This critical note was presented to journalists on August 19, 2024.
The National Commission on Violence Against Women thinks that this provision opens up space for perpetrators of domestic violence and criminal acts of sexual violence to run for regional head elections. This is because several acts of violence against women are faced with a threat of less than five years. For example, in the Law on the Elimination of Domestic Violence (UU PKDRT). Physical violence as regulated in Article 44 paragraph (4), psychological violence in Article 45, and neglect in Article 49 have a criminal threat of less than five years. Likewise, the crime of non-physical sexual harassment and electronic-based sexual violence in the Law on the Crime of Sexual Violence (UU TPKS).
Commissioner Siti Aminah Tardi explained that apart from the substantive aspects that allow the criminal threat of violence against women to be less than 5 years, it is also important to observe the obstacles to justice faced by victims.
“Many victims of domestic violence prefer to remain silent or not process the cases they face criminally,” said Siti.
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Obstacles to justice are also related to access for victims to report their cases and support to go through the legal process which is not easy so that it can reach a court decision with permanent legal force.
“Considering this, the National Commission on Violence Against Women believes that the KPU’s provisions need to expand the requirements that prohibit the nomination of perpetrators of violence against women, not only for those who have permanent legal force but also apply to those who have been reported as having committed violence against women,” he explained.
The rules governing the requirements for candidates are in the law and implementing regulations in the form of the General Elections Commission Regulation (PKPU), but these rules are still very general and do not touch on sexual violence against women.
According to some women activists and victim advocates contacted by Konde.co, this rule has loopholes and does not even side with victims. The National Commission on Violence Against Women also criticized this rule.
The National Commission on Violence Against Women thinks that the provisions in PKPU Number 8 of 2024 concerning the Nomination of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors open up space for perpetrators of domestic violence (KDRT) and sexual violence (TPKS) to run for regional head elections. This is because several acts of violence against women are faced with threats of less than five years.
National Commission on Violence Against Women Commissioner Siti Aminah Tardi explained, apart from the substantive aspect that allows the criminal threat of violence against women to be less than 5 years. It is also important to observe the obstacles to justice faced by victims, for example, victims of Domestic Violence/KDRT.
“Many victims of KDRT prefer to remain silent or not process the cases they face criminally,” said Aminah.
Obstacles to justice are also related to access for victims to report their cases and support to go through the legal process which is not easy so that they can reach a final court decision.
“Considering this, the National Commission on Violence Against Women thinks that the KPU provisions need to expand the requirements that prohibit the nomination of perpetrators of violence against women. Not only for those who have permanent legal force but also apply to those who have been reported to have committed violence against women,” she explained.
The call to elect regional head candidates who are known to be perpetrators or resistant to efforts to eliminate violence against women cannot be separated from the number of cases of violence against women each year. Commissioner Alimatul Qibtiyah cited the 2023 Annual Report (CATAHU) which reported at least 339,782 cases of violence against women.
In addition, there are still 305 discriminatory policies in effect in various regions that target and impact women. Such as discriminatory policies in the name of religion, and morality, forcing religious clothing that results in restrictions, differentiation, harassment, exclusion, and/or neglect of women.
“Regional heads will lead efforts to eliminate violence and discrimination against women in their regions. Therefore, they must have a perspective and side with women,” explained Alimatul.
The perspective of regional heads will contribute to the preparation of strategic programs for women and improve the status of women to be more equal to men. The programs in question are not limited to full support for UPTD PPA, gender mainstreaming, and increasing access to education, health, and justice for their citizens.
“Therefore, the National Commission on Violence Against Women recommends that Political Parties Participating in the Election or a Coalition of Political Parties Participating in the Election be careful in nominating candidate pairs and conduct a track record investigation related to gender-based violence. If identified as a perpetrator, then do not nominate or nominate them,” said Alimatul Qibtiyah.
The requirement ‘based on a court decision that has permanent legal force’ also causes cases that are only at the reporting/complaint/investigation/prosecution/court examination stage that do not yet have permanent legal force, not to be a barrier for someone to run for office.
“In fact, cases of gender-based violence are complex and require time to resolve. And if the person concerned is elected, it will also affect the handling of the case,” said Aminah to Konde.co, Monday (11/18/24).
Criticism of Article 14 paragraph 2 letter f of PKPU Number 8 of 2024 was also conveyed by Nur Laila Hafidhoh, Director of LRC-KJHAM. An institution that provides legal aid services for victims of violence against women in Central Java.
According to Nur Laila Hafidhoh, who is usually called Yaya, the requirement ‘based on a court decision that has obtained permanent legal force’ is not based on facts on the ground. The reason is that cases of violence against women, especially sexual violence, are very few in which the legal process can go to trial and a verdict is issued.
“That is impossible because our experience in assisting victims of violence is that the number of those who report their cases of violence is very small, then the cases are processed quickly and a verdict is issued,” Yaya explained to Konde.co, Friday (11/22/24).
Moreover, in the context of regional head candidacy, some cases have surfaced concerning allegations of sexual violence. In cases of sexual violence with adult female victims, very few cases have reached a court decision.
“In our experience, most cases of sexual violence are stalled. This means that they are still in the counseling process, then confused, hesitant, afraid not daring to report to the police or have reported to the police but the process takes a long time. Especially if the victim is an adult female,” he explained.
Throughout 2023, LRC-KJHAM received 93 reports of cases of violence against women. Of that number, 53 were cases of sexual violence. Yaya said that there was even one case of sexual violence reported in 2022, but until 2024 the process was still in the investigation stage. Even though it has been almost two years, the case has not yet been raised to the investigation process.
“In LRC-KJHAM there was a case of sexual violence where the perpetrator had a personal relationship, that was only one case where the victim dared to report to the police. Even then the process took a long time, from 2022 to now. Especially if the victim is an adult woman and the perpetrator has a position (office),” explained Yaya.
Therefore, the requirement ‘based on a court decision that has permanent legal force’ according to Yaya can provide an opportunity for perpetrators of violence to remain as regional head candidates.
“That requirement cannot be enforced, because for cases of violence against women, it cannot be applied like that,” he said.
The Need for Revision of the Regional Election Law
The explanation above shows that regional election regulations do not include special crimes. Such as Sexual Violence/TPKS and Domestic Violence as requirements for regional head candidates. In addition, the regulation also still provides loopholes for perpetrators of domestic violence and TPKS who still run as candidates. Even when in the nomination process a candidate is found to have committed TPKS or Domestic Violence, he or she can still advance in the nomination process.
Therefore, many women activists believe that there is a need to revise the Election Law and the Regional Election Law. As expressed by the Director of LRC-KJHAM, Yaya.
“Yes, I think there must be clear rules to ensure that regional head candidates, presidential candidates, and legislative candidates are not perpetrators of violence,” said Yaya.
Amendments to the Election Law and the Regional Election Law were also conveyed by the Commissioner of the National Commission on Violence Against Women, Siti Aminah. This is because the two laws were issued before the TPKS Law was passed in 2022.
“The requirements for members of the DPR/DPRD/Regional Heads must be changed in the Election Law and the Regional Election Law because this law existed before the TPKS Law was enacted,” said Aminah.
Furthermore, the Director of GPP Jember, Sri Sulistiyani, observed the limitations of the Regional Election Law, especially regarding candidate requirements.
“Regional head candidates who have passed the nomination process have revealed cases of violence or corruption that they have committed. This phenomenon has occurred everywhere in Indonesia, in districts and provinces. Meanwhile, the Regional Election Law does not yet have a safety net to anticipate this incident,” Sulis explained.
Therefore, according to him, the revision of the Regional Election Law should ensure several mechanisms that can net regional head candidates who are not perpetrators of violence at each stage.
“So I think in the future, how to include articles. That is so that even candidates who want to register must have a track record for example not being corrupt, not being perpetrators of violence against women, and so on. Then if they have passed to become candidates, if later a case is found. That is how the safety filter is so that this person cannot continue to be able to glide through to the election. Even if they are elected, is there a filter that this can be canceled? So the filter is three layers because looking for a leader must be a true person, right,” Sulis explained.
Some time ago, the DPR and the government agreed to include the revision of the Election Law and the Regional Election Law in the list of the 2025 National Legislation Program. National Human Rights Commission Commissioner Anis Hidayah, who was interviewed by Konde.co, said that the revision process must be encouraged so as not to provide space for former convicts to have political rights to be elected. Especially certain crimes that can harm justice for the victims.
This is important to do so that regional heads will have the authority to make policies. So it must be ensured that they have a track record free from special criminal cases.
“Because later regional heads who will be born from the regional election process will have the authority to make policies. How can we expect regional heads who have a track record as actors to make policies that protect the community? Especially women and other minority groups? Well, I think this is important to be a strategic consideration,” explained Anis Hidayah to Konde.co
In addition to the revision of the law, Anis believes that another thing that is no less important is political education for the community. This is because the decision-makers are actually in the community as voters.
“Conceptually, democracy places the community as the decider. But so far, that has not happened. So the most urgent thing to do in the future is political education for the community,” he said.
If the public has political awareness, has sufficient critical knowledge of candidates, examines their vision and mission, and so on, we can determine a leader who has a good track record. Never involved in human rights crimes, perpetrators of gender-based violence cases including corruption cases, and so on.
So you can’t just rely on one thing. But it includes some steps such as revising the Election Law by including candidate criteria for conducting political education. In addition, the last one is also building election organizers with integrity starting from the recruitment process. So election organizers must be free from TPKS cases, explained Anis.
He also acknowledged that political parties have a role in the political education process and also need to be advocated.
“When we talk about reform, we often forget to advocate for political parties as part of the elements of democracy. These political parties determine many things but forget not to reform them,” he concluded.
This article is part of the #MoreThanSymbol series pushing for substantive representation of women in politics.
