JAKARTA - The rape that led to the death of Novia Widyasari has brought back the gloominess of law enforcement in cases of sexual violence in Indonesia. Not only from a legal point of view. Looking at the discussion about this case on social media, we still see many wrong perspectives on the issue of sexual violence. If the society and the authorities in this country agree to destroy the crooks who perpetrate sexual violence, maybe we can win. A method that unfortunately has not been tried.
"It's Just a Joke."
A large letter in a red poster is pasted inside a subway in New York City. The word "Just a Joke" on the poster was crossed out. Underneath it says "Sexual Harassment" in contrasting typography. So the text reads as:
"It's Just a Joke Sexual Harassment."
The poster was put up by the NYC Commission on Human Rights as a campaign against sexual harassment and violence. At the bottom of the poster it says: You Report It, We Get It, Let's End It.
"At the NYC Commission on Human Rights, we investigate claims of sexual assault and we stand ready to fight them for you," reads a follow-up message on the poster.
According to the official website, the NYC Commission on Human Rights is responsible for promoting law enforcement in the context of human rights. The commission is also tasked with educating the public and encouraging positive inter-community relations. There are two major bureaus in carrying out the work of the Commission: the Law Enforcement Bureau and the Public Relations Bureau
The Law Enforcement Bureau is responsible for receiving complaints and investigating the complaints to accompanying victims in the prosecution process. The Public Relations Bureau is tasked with educating the public about human rights and helping to foster understanding and respect between the many communities within the city.
It's not just about violence and sexual harassment. The Commission also deals with other social issues related to human rights, such as racial or class discrimination. In this context, they often put forward the principle of restorative justice to overcome the losses that arise, both in handling complaints or in their partnerships in the community.
This NYC Commission on Human Rights campaign poster was distributed by Indonesian artist, Wahyu Ichwandardi alias Pinot. Since a few years ago, this animator, known for his retro classic animation works, has been living in New York. Pinot said, "at least in the state of NY, harassment cases (whatever their form) is quite strong."
"The governor can also be affected. Especially in companies. This is a government poster that must be posted at work, including my office. There are cases, dismissals, legal action," he wrote in the caption of the photo he uploaded on Twitter @pinotski, quoted by VOI, Monday , December 6th.
At least in this NY state, cases of harassment (whatever it takes) are quite firm. Even the governor can be hit especially in the company. This is a government poster that must be posted at work, including my office. There are cases, dismissal, enter the legal route. pic.twitter.com/RdxE9TgSDz
— Pinot (@pinotski) December 5, 2021
New York City's Human Rights Law is one of the most comprehensive civil rights laws in the United States (US). In New York, the Act prohibits discrimination in employment, the home environment, and in public accommodation. The discrimination framework is regulated, including issues of race, color, religion/belief, age, national origin, immigration status or citizenship, gender, gender identity, pregnancy, disability, marital status to partnership status.
The law also provides protection against discrimination in employment based on unemployment status, record of arrest or conviction, credit history, caregiver status, status as a victim of domestic violence, stalking, and sexual offenses as well as decisions regarding sexual and reproductive health.
Authorities consciously build systems that can protect their communities from sexual harassment and violence. Not only that. The authorities also go out of their way to educate the public about the crucial importance of this issue. With all the power that was built, ranging from laws, political policies, public awareness, New York can fight sexual violence, even when the crime was committed by their own Governor, Andrew Cuomo.
In August, Cuomo resigned after an investigation uncovered a number of cases of sexual harassment against women. In October, Cuomo was summoned to court to face a lawsuit filed by the state capital Albany. In the lawsuit, Cuomo is alleged to have groped a woman at his official residence.
Not just one. Investigations to date indicate that eleven of Cuomo's female employees were harassed. Cuomo's side up to that time had affirmed the denial and called all the accusations political. Cuomo's case has received national attention. Even President Joe Biden, a fellow Democrat politician, was one of those who pushed Cuomo to resign.
In IndonesiaIn Indonesia, authority has been criticized completely. The main law enforcement agency, the National Police, has again failed to handle such cases in a professional manner. Even from the official statement released by the National Police, we can see that there is an error in how this institution responds to cases of sexual harassment or violence.
A few hours after the rape case of Novia Widyasari by a police officer named Randy Bagus went viral, the police arrested the Bripda who was on duty at the Pasuruan Police. The Police Public Relations Division's Twitter account confidently reported this. However, the use of diction in the description of the upload was flooded with criticism.
Eka Kurniawan, for example. Through her Twitter account, @gnolbo, Eka criticized the dictions used by the police. In its Twitter post, the Indonesian National Police used words such as "moving fast", "persons" and "acts like husband and wife".
"Just reading the way the police speak, we know where one of the problems is: IN THE POLICE!," wrote Eka, quoted on Sunday, December 5.
"moving fast", "person", "acts like husband and wife". Just reading the way the police speak, we know where one of the problems lies: IN THE POLICE! https://t.co/Q4IlivGXjz
— Eka Kurniawan (@gnolbo) December 5, 2021
Not only Eka. Cultural observer, Sudjiwo Tedjo also criticized the diction used by the police. For example, the word "officially dating" is used by the police to describe the relationship between Randy and his victim, Novia.
"'Officially Dating?' Dear Mr. National Police Chief Jend. @ListyoSigitP, request that the police are required to learn Indonesian language (with mentors/credits/etc) especially regarding their logical ability.
"England and several other countries have been conducting language training for their officers for a long time," Sudjiwo Tedjo wrote on his Twitter account, @sudjiwotedjo.
The question is, "officially dating" has it been calculated since when, and what is the benchmark? Since saying love and reciprocated? Many couples, even after officially getting married until they both die, never verbally express their love.. https://t.co/7S594uFSG4
— Jack Separo Gendeng (@sudjiwotedjo) December 5, 2021
According to a VOI search on Monday afternoon at 16.55 WIB, the post full of controversial diction uploaded by the National Police has now been deleted. Even so, we can see a number of other erroneous opinions milling about on social media.
There are still many publics who place the victim as the wrong party: revictimization. Their narratives are mostly about the victim's decision to have a romantic relationship with Randy. Some even bring up illegal things.
Failure to take sides with the victim shows a massive error of thinking, which not only shackles law enforcement authorities but also the wider community. Back to the diction defects that the Police chirp, for example.
That's not the only problem. The National Police Chief, General Listyo Sigit, is now being urged to investigate reports that the Propam Division had ignored reports submitted by Novia Widyasari before committing suicide.
It was the Deputy Chairman of Commission III of the DPR Ahmad Sahroni who highlighted this. According to Sahroni, if true, ignoring this report is very dangerous. Therefore, he asked Listyo to check who the officer who received the victim's report was and why the report was ignored.
"Look at who is in charge and it must be opened up clearly. So I think the parties involved are not only the perpetrators but there has been systematic neglect," said Sahroni.
As of October 2021, the Commission on Violence Against Women (Komnas Perempuan) has received 4,500 reports. This figure is double the 2020 record. In a press conference, Monday, December 6, Komnas Perempuan also explained the chronology of the reporting that Novia Widyasari had made to them. Reports whose follow-up is hampered.
"So it is true that the deceased (Novia) submitted her complaint at midnight in August through an online complaint. In her complaint, she conveyed that it was incomplete. But basically she experienced dating violence," said Commissioner Siti Aminah Tardi.
"After going through the communication process, we received information that the victim experienced repeated and repeated violence for almost two years since 2019 or since establishing a relationship with the perpetrator. She was trapped in a cycle of dating violence, which later became a victim of sexual exploitation and forced abortion. ."
"We have observed a spike (cases) and we recognized it in 2020. Meanwhile, Komnas Perempuan's resources are very, very limited. We are trying to improve to be able to fix the complaint mechanism, starting from case verification, searching for referral agencies, ensuring referral agencies and legal victims are also bring this case to be addressed, either through a letter of recommendation or the provision of expert testimony in court."
"However, the spike (of cases) has resulted in the queue of cases getting longer so that the delay in preparation is indeed a concern that we bear."
PKS Bill
In the context of policy politics, the fate of the Draft Law on the Elimination of Sexual Violence (RUU PKS) is increasingly pressing for resolution. We know that this legal product has been fried for a long time in the DPR. There are no definite results so far.
Advocating for the ratification of the PKS Bill is not an easy matter. Reporting from various sources, the legislative process alone takes at least five years to include the PKS Bill on the 2016-2019 list of national legislation programs (prolegnas) and priority prolegnas in 2017.
In 2018, Commission VIII discussed the PKS Bill. Commission VII also made working visits to Canada and France to finalize the construction of the MCC Bill. Looking at the draft, the PKS Bill does not only regulate crime, punishment, and the handling of cases of sexual violence from reporting to decisions.
The PKS Bill also regulates the prevention of sexual violence and how to recover victims. In 2019, the PKS Bill was discussed by Commission VIII together with Commission III. This discussion explores the connection between the PKS Bill and the Criminal Code Bill.
The discussion then stopped because the legislative members were divided to focus on the 2019 Election. The five-year political intention also had an impact on increasing negative campaigns against the PKS Bill. The government, in this case the Ministry of Women's Empowerment and Child Protection (Ministry of PPPA) also cut more than 90 articles in the DIM of the PKS Bill.
Until the end of the legislators' positions, there was no further discussion until the commitment to discuss the PKS Bill was promised as a carry over alias passed to the legislators for the next period. But in reality, in 2020, the PKS Bill failed to be included in the carry over. The PKS Bill was even removed from the 2020-2024 Prolegnas.
The DPR corrected its stance as the protests grew louder. A number of DPR members later stated that the PKS Bill was not removed from the National Legislation Program, but only removed from the discussion at Commission VIII. The rejection of a number of political groups and the public towards the ratification of the PKS Bill is also a problem.
The Prosperous Justice Party (PKS) is the biggest force in the current opposition in parliament. Meanwhile, outside the Round Building, a number of community groups were also skeptical of the usefulness of the PKS Bill.
But apart from that rejection, one thing that is also a serious challenge is because the DPR has discussed the PKS Bill into two options, between making it an administrative law or becoming a special criminal law. In fact, reflecting on the experience of victims of sexual violence, the need for legal protection cannot be limited to administrative law or special crimes.
Both are needed. The PKS Bill should ideally become an administrative law to strengthen the prevention and recovery aspects. Meanwhile, the handling of special cases of sexual violence - ranging from criminal forms, sentencing, special procedural law - is needed in a special criminal context. So, does this country want to come to an agreement to crush the crooks who perpetrate sexual violence?
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