DPR Urges Issuance Of Technical Rules So Investigators Can Apply The TPKS Law

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JAKARTA - Commission III of the DPR asked the Government to immediately issue a derivative rule for the implementation of Law No.12 of 2022 concerning the Crime of Sexual Violence (UU TPKS). The technical rules of the TPKS Law are said to be a guarantee of legal certainty in investigating cases of sexual violence that are still rampant.

"Sexual violence cases tend to increase and become a concern. Currently, we have the potential to face an emergency situation of sexual violence, so there must be a quick movement from the Government," said Member of Commission III of the DPR, Didik Mukrianto, Tuesday, June 6.

The Commission in the DPR in charge of legal affairs said that the implementation of the TPKS Law has not been effective because there are no technical rules. Didik said that cases of sexual violence in Indonesia could become an iceberg phenomenon and a source of bigger problems if not handled properly.

"For this reason, I hope that the Government will immediately prioritize the completion of the technical rules of the TPKS Law so that law enforcement can be maximized and optimal," he said.

According to Didik, the substance in the TPKS Law is quite comprehensive in handling cases of sexual violence because it includes various arrangements.

"Regulations in the TPKS Law should ideally be able to provide legal protection and legal certainty guarantees related to various cases of sexual violence," said Didik.

Through the TPKS Law, police investigators legally must accept complaints of cases of sexual violence in any form. However, the handling of cases of sexual violence cannot fully rely on these regulations.

"In fact, with the TPKS Law, police investigators must not reject cases of sexual violence for any reason," he explained.

Didik also highlighted the many reports from companions to victims of sexual violence regarding the refusal of police investigators to use the TPKS Law even though they could actually be applied. This refers to the telegram letter of the National Police Chief number ST/1292/VI/RES.1.24/2022 which asks all Regional Police Chiefs in Indonesia to order all police institutions in all regions to enforce the TPKS Law.

In practice, many police investigators have found that they refuse to use the TPKS Law for various reasons. Starting from waiting for the Government Regulation (PP), there have been no implementation instructions (juklak) and technical instructions (juknis) from the institution, to reasons that are more comfortable with the existing rules.

"The issuance of technical rules can avoid the reluctance of investigators to apply the TPKS Law in cases of sexual violence," said Didik.

Legislator dari Dapil Jawa Timur IX ini mengatakan, penegak hukum masih kerap merespons kasus kekerasan seksual tanpa menggunakan paradigm perlindungan korban. Oleh karenanya, disampaikan Didik, dibutuhkan penerapan UU TPKS agar ada pengakuan dan jaminan hak-hak korban kekerasan seksual.

"The TPKS Law ensures that the victim's right to handling, protection, and recovery in the crime of sexual violence can be fulfilled," he said.

For this reason, Didik asked the Government to hasten the issuance of technical regulations for the TPKS Law considering that more cases of sexual violence have occurred.

"With the birth of technical regulations, there is no more reason from law enforcement not to apply the victim-oriented TPKS Law. We urge the Government to quickly issue derivative regulations for the TPKS Law," said Didik.

Based on a report from the Ministry of Women's Empowerment and Child Protection (KemenPPPA), there were 11,016 cases of sexual violence in 2022. Of these, cases of sexual violence against children reached 9,588, an increase from the previous year which amounted to 4,162 cases.

Meanwhile, the National Commission (Komnas) for Women noted that cases of sexual violence were the most reported in 2022. There were 2,228 cases containing sexual violence or 65 percent of the total 3,422 cases of gender-based violence.

Didik reminded that the data did not cover cases of sexual violence that occurred this year.

As we all know, many cases of sexual violence have occurred recently. New settlements are needed in the face of rampant cases of sexual violence because the old method does not bring a decrease in the number of cases," he said.

Didik added that the settlement of cases of sexual harassment or violence in Indonesia requires more attention from the government and the police. Moreover, the majority of victims of sexual violence are women and children.

"Handling cases of sexual violence is not enough just by arresting perpetrators. And I am optimistic that the TPKS Law can end the culture of violence and can realize gender equality and zero tolerance for sexual violence," concluded Didik.