LBH Criticizes Initial Draft Of PKS Bill, Considers Not Accommodating Efforts To Eliminate Sexual Violence

JAKARTA - The Jakarta Legal Aid Institute (LBH) criticized the preparation of the initial draft of the Draft Law on the Elimination of Sexual Violence (RUU PKS) which is now the Draft Bill on the Crime of Sexual Violence (TPKS).

This was conveyed after DR held a plenary meeting for the preparation of the version of the bill on August 30, 2021, which was published by the Legislation Body of the DPR RI.

LBH Jakarta stated that there are provisions that are missing and lacking, resulting in the protection of victims of sexual violence being far from a sense of justice and legal certainty.

"The DPR RI's version of the Draft Bill on PKS has not comprehensively accommodated all efforts to eliminate sexual violence," wrote the Jakarta Legal Aid Institute on its official website, quoted on Sunday, September 5.

There are 16 critical notes expressed by LBH Jakarta in responding to the initial draft of the PKS Bill, which are as follows.

1. The loss of the principles and objectives of the formation of laws makes the direction of the elimination of sexual violence unclear.
2. The abolition of the crime of sexual slavery.
3. The abolition of the crime of forced marriage.
4. The provision regarding forced abortion was removed.
5. There is no criminal act of forced prostitution.
6. Changing the nomenclature of the crime of rape into forced sexual intercourse has reduced the meaning of the act of rape itself.
7. There are no online gender-based violence crimes.
8. Equating the elements of sexual violence against adult and child victims.
9. There are no criminal acts in the form of actions for the perpetrators.

10. There is no special protection for victims with disabilities.
11. The loss of regulations that oblige the government to fulfill the rights of victims is clear evidence that the state is running away from responsibility.
12. The unregulated rights of victims, victims' families, witnesses, and experts put them in a vulnerable position when undergoing the law enforcement process.
13. There is no obligation of the Integrated Service Center (PPT) to protect and fulfill the rights of victims.
14. The direction of prevention efforts is not comprehensively regulated in the draft so that preventive actions that should be a serious concern are neglected.
15. There is no prohibition against law enforcement officers (APH) from taking discriminatory actions in the law enforcement process for acts of sexual violence, which is the same as adhering to the status quo that is not in favor of the victim.
16. Eliminate the role of paralegals as companions for victims of sexual violence.

From this note, LBH Jakarta questioned the legislators, which direction would they take to protect victims and enforce the law against perpetrators of sexual violence.

LBH Jakarta demanded that the Legislative Assembly of the Republic of Indonesia include all records of LBH Jakarta to be formulated to be regulated into article by article into the draft of the PKS Bill.

"LBH also demands that the Legislative Council of the Republic of Indonesia immediately open the widest possible space for public participation by actively involving victims, assistants, community groups and experts who consistently encourage the prevention and elimination of sexual violence to formulate article by article policies on the PKS Bill," he said.

Then, the Legislative Council of the Republic of Indonesia was asked to listen, consider, and implement comprehensive input from various groups who have a big vision to prevent and eliminate sexual violence through the PKS Bill.