TPKS Law Approved, Victims Get Protection Right Until Recovery Fund

Illustration of sexual violence. (Pixabay)

JAKARTA - The House of Representatives of the Republic of Indonesia ratified the Draft Law on the Crime of Sexual Violence (RUU TPKS) into law in a plenary session today, Tuesday, April 12. Chairman of the Working Committee on the TPKS Bill, Willy Aditya, said that this law provides benefits, the first being in favor of the victim. Second, law enforcement officers have legal standing which so far does not exist in every type of sexual violence case. "The third is the presence of the state on how to provide a sense of justice and protection to victims of sexual violence, which we have called the iceberg phenomenon," he said. The NasDem politician also said that this law also comes with victim assistance funds. The DPR and the government itself have agreed on three rights that will be received by victims of sexual violence, namely the right to treatment, protection, and recovery. The rights of victims of sexual violence are stated in the DIM of the TPKS Bill articles 47 to 48. The following are the articles in the DIM.

"Every victim has the right to treatment, protection, and recovery since the occurrence of a criminal act of sexual violence in the justice process," reads Article 47 in the DIM.

Then in Article 48 paragraph 1 it is stated that these rights are handling, protection, and recovery. Whereas paragraph 2 states that the rights of victims are the obligations of the state.

"The rights of victims include the right to treatment, the right to protection, and the right to recovery," reads article 48 paragraph 1.

"Fulfillment of the rights of victims is the state's obligation and is carried out in accordance with the conditions and needs of victims," Article 48 paragraph 2. Meanwhile, the right to treatment, regulated in Article 49 Paragraph 1, includes the right to information on all processes and results of handling, protection, and recovery; the right to obtain documents resulting from handling; and the right to legal assistance and services.

Then, the right to psychological reinforcement; and the right to health services including examination, action, and medical treatment. Wamenkumham Edward OS Hiariej said the right to legal services which may include assistance. These rights can be obtained since the occurrence of a crime. "So in order not to cause interpretation, it is necessary to provide an explanation, legal services include legal assistance, legal consultation, and legal assistance," said Eddy.

Including, the right to the removal of sexually charged content for cases of sexual violence by electronic means. This right is intended so that the victim's sexual content that is spread cannot be accessed by the public again.

Furthermore, the protection rights regulated in Article 50 Paragraph 1 include the provision of information regarding protection rights and facilities; providing access to information on the implementation of protection; protection from threats or violence from perpetrators and other parties, as well as repeated violence; and protection of identity confidentiality.

Then, protection from the attitudes and behavior of law enforcement officers who demean victims; protection from job loss, job transfer, education, and/or political access; and protection of victims and/or reporters from criminal charges or civil lawsuits for the incidents of sexual violence that they report.

Lastly is the right to recovery as regulated in Article 51 Paragraph 1, which consists of medical rehabilitation, mental and social rehabilitation, social empowerment, restitution and/or compensation, and social reintegration. -The Sexual Violence Act (RUU TPKS) regulates recovery funds for victims of sexual violence.

"The state is here to fulfill victims' rights to recovery funds, including health services when victims receive medical services. Funds for handling victims before, during the legal process. Including payment of compensation for a number of restitution," he said.