هل اعتادت الشرطة حقا على رفض التقارير عن الجرائم الجنسية؟ إذا ما حدث، ماذا تفعل؟
JAKARTA - A public journalism initiative, Project Multatuli, released its coverage of the alleged rape of three children in East Luwu, South Sulawesi. The handling of cases by the police is highlighted. On social media, the hashtag #percumalaporpolisi brings skepticism to the professionalism of the police. Is it true that the police are used to rejecting reports, especially those concerning sexual crimes? If so, what should be done?
Citing the article entitled Three of My Children Rape, I Reported to the Police. Police Stop Investigation Written by Eko Rusdianto, he was told how this case developed. A man, it is said that the local state civil apparatus (ASN) is reported to be his ex-wife. The man is said to have raped his three biological children, all of whom were under ten at the time of the incident.
The ex-wife, who in the CNN Indonesia article was written with the initials RA, explained that the alleged rape was revealed after she saw a number of physical injuries and behavioral changes in her child. One night, the child said to RA: Mamak... My father is na so and so pepe'. The Project Multatuli article translates: “Mom, dad did something to my vagina.”
That day, October 7, 2019. Apart from his eldest child, RA's youngest child also complained of pain in his vital organs and rectum. RA then took his three children to the office of the Integrated Service Center for the Empowerment of Women and Children, East Luwu Social Service. The Head of the Firawati Service Center then brought together RA with her ex-husband.
On 9 October 2019, RA reported to the East Luwu Police Headquarters. A female police officer took her three children to a puskesmas for a post-mortem, without any assistance. Then, the three were questioned by uniformed investigators, without being accompanied by RA, legal counsel, social workers or psychologists.
RA was asked to sign the minutes of examination (BAP) but was forbidden to read them first. Five days later, the East Luwu District Police informed the progress of the investigation results. The RA report has been received and will be investigated by Aipda Kasman. RA went to the police station to ask about the results of the post-mortem for his three children.
RA also gave him a pair of pink panties with blood on them. This was done on his own initiative. Friday, October 18, the police announced the results of the post-mortem from the puskesmas. An investigator said "nothing was found." On the same day, RA was interrogated without legal counsel.
“I was asked to sign at the bottom of the report. I said I would sign later after this was continued. However, the investigators forced me. And I signed. Because it's noon and I want to go home to make food for the children."
"Well, I think now, I'm so stupid why I signed," added RA.
The following week, the East Luwu District Police informed the development of the case that investigators had interrogated RA, the alleged rapist, and the three children. The medical examination is said to have been carried out along with the results of the visum et repertum. The police also explained the follow-up plan that the three children would be examined medically and psychologically at the South Sulawesi Regional Police Biddokkes in Makassar.
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*Until now, the Project Multatuli website cannot be accessed. The full report can be read here: Project Multatuli.
Stop investigationThe investigation into the alleged child rape case went on for two months at the East Luwu Police Headquarters, before being stopped by investigators because there was no evidence of an immoral crime. This was confirmed by a member of the National Police Commission (Kompolnas) Poengky Indarti, when contacted by VOI to explore the findings of Kompolnas related to this case.
"In the opinion of the police, there is not enough evidence. So from the testimony of witnesses. Then the victim was seen. He was examined. From there, it was enough to become material. Then when he decided to stop, there was a case title. It didn't stop immediately."
"From the title of the case, we saw the testimony of witnesses, then the evidence, from the victim. Like that. And it's consistent. How does it not match, right? So then what the police did said there was not enough evidence. It was closed," said Poengky.
Poengky also said that he had asked for information from the Professional and Security Division (Propam) regarding this case. Propam, said Poengky, had conducted an inspection. The results concluded that the investigation was in accordance with the procedure.
"Then from the police side, I have also communicated with the Head of the Propam Division. Propam has also gone down, really. It's been checked. They said that the investigation was in accordance with the process. According to the procedure."
Police Headquarters raises voice. The Head of the Public Information Bureau (Karopenmas) of the National Police Brigadier General Rusdi Hartono said the same thing as Poengky. Officers, he said, did not find enough evidence to raise the case to the investigation stage. Even so, Rusdi explained that the case could be reopened if new evidence was found.
"When we talk about stopping the investigation, it does not mean that everything is final. If new evidence is found in the process, it is possible that the investigation will be reopened," Rusdi said, quoted by Antara.
Deputy Director of LBH Makassar Abd Aziz Dumpa said that this case basically did not deserve to be stopped. "Why? Because the investigation process was wrong from the start. Now it seems that it is actually siding with the alleged perpetrator," he said, quoted by Merdeka.
According to Aziz, the Integrated Service Center for the Empowerment of Women and Children (P2TPA) East Luwu also committed violations in assisting victims. The reason is, the Head of the Firawati Service Center said that he knew the alleged perpetrator.
"We have complained about this P2TPA Lutim, because he violated. Well, at that time P2TPA turned out to be friends with the alleged perpetrator," he said.
Another oddity that Aziz caught was the examination and investigation which only lasted two months. In fact, according to him, the Luwu Police have enough time to do an in-depth investigation. Then, about the examination of the victim's mother at a malprocedure psychiatrist.
"It's as if they take this as revenge. Because the victim's mother and father are divorced, even though they have nothing to do with it... The psychiatrist's examination period is only fifteen minutes and the results are out. The psychiatric examination has stages and takes time," he said.
Poengky advised RA and a number of parties who supported his advocacy to take the pretrial route. This can be done to sue for irregularities that are considered to have occurred in the investigation process.
"So the challenge is to be able to prove that what they think, they mean friends of LBH and the victim, who they think is 'Ah, the police don't fit this, here.' Now, it will be proven in pretrial. It can't be, for example, if there is evidence and then ask to open it yourself. That can't be done," said Poengky.
Is it true #FreeLaporPolice?Kompolnas member Poengky Indarti rejects the narrative of skepticism echoed in the hashtag #PercumaLaporPolisi, especially if the underlying case is a case of alleged rape in East Luwu. According to Poengky, the police in this case have gone through the proper procedures.
Poengky also does not accept that the police are ignoring sexual crimes cases in general. Poengky said that the sexual crime case has even become the special attention of the police. The proof, she said, was the existence of the PPA (Women and Children Service) unit.
"So if the case is a female or a male victim. Say it's a man, for example sodomized, a victim of a sexual harassment case, that's what PPA handles. This PPA unit will immediately act. Now when they move, say to examine witnesses, victims, suspects When examining the victim, he is usually accompanied by P2TP2A," Poengky,
"And what has been done in Luwu is standard as well. It has been done with them. It has to be proven first that P2TP2A is siding or not. The police cannot vilify themselves, with evidence, they say there is no evidence. Poengky.
Even so, Poengky admits that complaints about the professionalism of the police are still high. According to data, in the period August 2020 to August 2021, Kompolnas received 4,112 complaints. Of all the complaints, 79 percent of them were related to poor service.
Most of them are about handling protracted cases. Furthermore, it is related to the Notification on the Progress of Investigation Results (SP2HP). Many people have reported cases but the further progress of the case has not been informed. Lastly, dominating the report is abuse of authority.
As for the specifics of sexual harassment, Poengky told an example of a case he had handled. The case shows the poor service of the police, where a report of sexual harassment dragged on. This happened because the police did not understand the concept of sexual harassment.
"It turned out that the police stated this report was obscene, sorry, breast-squeezing. Then they reported it. Was summoned. But from the witnesses who were examined, they said, 'No squeezing the breasts, squeezing the buttocks.' But that's obscenity. So busy in that context... So I thought, 'Oh, this is a crazy mindset.'
"In that case, we convey it to them so that investigators are given understanding, enlightenment, that what he said is still not proven, no witnesses have said that, it is sexual harassment. People are hugged and then they don't like it, it is harassment," Poengky.
So what can be done when there is a problem in reporting the police?First, understand that basically the police are prohibited from making it difficult or even ignoring the people who need protection and services. This is regulated in Article 15 of the Police Professional Code of Ethics (KEPP).
Police officers who violate these rules can be subject to sanctions, ranging from the obligation to make an apology, to participate in mental training, to step down from office to ending their police service period. Sanctions are regulated in Article 21 KEPP.
If we experience or find neglect or difficulties in the reporting process, we can make a complaint to the Propam Service Center in the Main Building, 1st Floor, Police Headquarters. Complaints can also be made by visiting the Propam Polri website (propam.polri.go.id) or via email to: bagyanduandivpropam@polri.go.id or sending WhatsApp to: 081384682019.
There are a number of documents that we must prepare, namely the complete identity of the reporter and the chronology of the incident to be reported. In addition to Propam, we can also complain about police service defects to the Ombudsman.
A number of documents that must be prepared are identity, chronological description of events, power of attorney, legality documents - if the complainant is a legal entity, foundation or NGO, and evidence of events as well as permission to keep the identity of the complainant secret.
*Read other information about the POLICE or read other interesting articles from Yudhistira Mahabharata.
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