The Number Of Victims Of Sexual Harassment In The Office Is Still High, Ida Fauziah Affirms Kepmenaker No.88 Year 2023

JAKARTA - The Minister of Manpower, Ida Fauziyah, invites all parties to be serious in preventing and handling sexual violence in the workplace.

"Sexual harassment cannot be tolerated. Therefore, prevention and handling of sexual violence in this workplace really requires understanding, attention, and support from all parties," said Ida Fauziyah, Antara, Sunday, June 11.

He stated that his ministry had issued Kepmenaker No. 88/2023 as a guide for entrepreneurs, workers/laborers, government agencies, and the general public in carrying out prevention and sexual handling in the workplace.

Ida said this Kepmenaker is important to publish because the number of cases and victims of sexual violence in the workplace is still high.

Based on Komnas Perempuan data in 2021, there were 389 cases of sexual violence in the workplace with 411 victims; in 2022 there were 324 cases and 384 victims; and as of May 2023 there were 123 cases and 135 victims.

In addition, based on an ILO survey on violence and harassment in the world of work in 2022, as many as 70.93 percent of the total 1,173 respondents claimed to have experienced one form of violence and harassment in the workplace. A total of 69.35 percent of victims experienced more than one form of violence and harassment.

Meanwhile, the most frequent violence and harassment experienced by victims was 77.40 percent psychologically followed by 50.48n percent of sexual violence. Until now, the number of victims of violence in the workplace is still dominated by 656 women.

"In addition to the high number of cases and victims, this Ministry of Manpower was issued to synchronize and strengthen previous regulations so that the implementation of prevention and handling of sexual violence in the workplace is more optimal, and can maintain harmonious and productive industrial relations," he said.

Ida explained that the scope of this Ministry of Manpower is matters related to sexual violence in the workplace; efforts to prevent sexual violence in the workplace; complaints, handling, and recovery of victims of sexual harassment and violence in the workplace; as well as the establishment, function, and duties of the Task Force (Satgas) for the Prevention and Handling of Sexual Violence in the Workplace.

In this Ministerial Decree, it is explained that nine forms of sexual violence are as regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS), namely unphysical sexual harassment, physical sexual harassment, contraception torture, sterilization torture, marriage torture, sexual torture, sexual exploitation, sexual slavery; and electronic-based sexual violence.

Meanwhile, actors and victims can occur from employers, workers/laborers, and others who are in the work environment. Meanwhile, prevention efforts can be carried out by including policies to prevent and handle sexual violence in employment agreements, company regulations or collective work agreements; carry out education to parties in the workplace; increase self-awareness; provide adequate work facilities and infrastructure; as well as publicizing the anti-sexual violence movement in the workplace.

"Therefore, prevention and handling of sexual violence requires the role of all parties, and in this Ministerial Decree we reaffirm the role of the KS Prevention and Handling Task Force in companies that play a role in compiling and implementing programs and activities according to company policies," he explained.

Ida added that victims, families of victims, co-workers of victims, and related parties can report acts of online and offline sexual violence to the Task Force formed in the company, the local Manpower Service, Ministry of Manpower, or the Police. Meanwhile, handling is carried out with assistance to victims in accordance with statutory regulations; protection related to the fulfillment of workers' rights; as well as sanctions by companies and criminal sanctions in accordance with statutory regulations.

The sanctions that the company can impose on perpetrators of sexual violence in the workplace can be in the form of a warning letter; transfer or assignment to divisions/parts/other labor units; reduce or remove their authority in the company; temporary dismissal (scorsing); and/or termination of employment (PHK).

"We also ask that these prevention and handling efforts be carried out seriously by ensuring that the complaints are handled immediately and without discrimination," said Minister of Manpower Ida.