Highlighting Cases Of Sexual Violence In Karawang, DPR: Forced Marriage Can Be Sentenced

DPR Building in Senayan, South Jakarta. (Unsplash-Dino Januarsa)

JAKARTA - Member of Commission III of the Indonesian House of Representatives, Gilang Dhielafararez, highlighted the alleged rape case experienced by a student in Karawang, West Java, which was mediated by the police to make peace with the perpetrator's marriage and then divorced. Gilang emphasized that forced marriage could be punished.

Gilang also criticized the steps taken by the police officers to facilitate peace mediation because cases of sexual violence are now required to be prosecuted.

"In the TPKS Law, cases of sexual violence cannot be resolved outside the judiciary. Even if there is peace, law enforcement officers are still obliged to process the perpetrator's law," said Gilang Dhielafararez, Tuesday, July 8.

Gilang said Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) does not allow peace in cases of sexual violence. Article 23 of the TPKS Law expressly states that cases of criminal acts of sexual violence cannot be resolved outside the judicial process, except against child offenders.

"The exception only applies to child perpetrators, where the settlement of cases can be done through a juvenile justice mechanism that prioritizes the best interests of children," said Gilang.

In addition, continued Gilang, the application of restorative justice (restorative justice) which is often used in other cases also does not apply in cases of sexual violence. Because it can exacerbate the victim's trauma and does not have a deterrent effect on the perpetrator.

Therefore, Gilang emphasized that law enforcement officers, including the police, must reject claims of peace in cases of sexual violence and ensure that the legal process runs, instead of facilitating peace that injures justice for victims.

"The authorities who suggest peace in cases like this have deviated from their constitutional duties as law enforcers," said the legislator from the Central Java II electoral district.

Gilang also criticized the Karawang Police who claimed the case could not be processed into the PPA Unit because the victim was not a minor, so it was facilitated to make peace.

"If that's the reason, it should be brought to the realm of general crime. How come this is facilitated by peace that clearly violates the law," concluded Gilang.

The member of the House of Representatives' law enforcement and security commission assessed that the absence of direct referrals to the PPA Unit in this case showed the weak understanding of the lower levels of the apparatus regarding the handling of cases of sexual violence. Gilang reminded the spirit of the TPKS Law, one of which was to stop the normalization of the practice of sexual violence.

"In the TPKS Law, it is also regulated that forced marriage between victims and perpetrators of sexual violence can be subject to criminal sanctions. So if there are parties who make marriage a solution to sexual violence, they can be punished," he said.

The rules regarding forced marriage are in Article 4 paragraph 1 letter e of the TPKS Law. This article categorizes forced marriage as a type of criminal act of sexual violence which carries a penalty of up to 9 years in prison.

"If anyone facilitates marriage between the perpetrator and the victim of sexual violence, it is clear that it is also prohibited. The perpetrators can be charged with the article on forced marriage," explained Gilang.

Gilang also encouraged any officers involved in the 'mediation' of cases of sexual violence to be examined and sanctioned for acting out of authority and violating the TPKS Law.

Commission III of the DPR will ask for official clarification from the National Police. Official officers who participate in facilitating mediation in this case must be evaluated. If left unchecked, of course, it will set a bad precedent and cases of sexual violence will continue to be an iceberg phenomenon," he said.

As previously reported, a 19-year-old student in Karawang Regency, West Java, is suspected of being a victim of the rape of a Koran teacher with the initials J who is also the victim's uncle in early April.

Unfortunately, when the perpetrator was taken to the Majalaya Police, the police actually mediated the case and suggested peace. The peace agreement contained the perpetrator's statement to be willing to marry the victim and the two of them would not sue each other in the future.

After one day of being married, the victim was immediately divorced and the perpetrator was still carrying out the activist as a Koran teacher as usual. In May 2025, the victim's legal team has reported this case again to the PPA Unit (Women and Children Protection) of the Karawang Police. However, reports cannot be processed because previously there was a peace statement letter.