The TPKS Law Is Considered A Breakthrough In The Preparation Of Progressive Legal Products

DPR Plenary Session/Photo: VOI

JAKARTA - Deputy V of the Presidential Chief of Staff, Jaleswari Pramodhawardani, revealed that the drafting of the Draft Law (RUU) on the Crime of Sexual Violence (TPKS) which has been passed into law is a breakthrough in drafting a progressive and non-partisan legal product.

"The model of involving various stakeholders and intensive coordination with the DPR which is encouraged by the Task Force is a 'best practice' that can be applied to the process of forming other legal products," said Jaleswari in Jakarta, Tuesday, April 12.

The DPR officially passed the Sexual Violence Crime Bill (TPKS) into law at its 19th plenary session on Tuesday (12/4) after six years of discussion.

"The long road to ratification of the TPKS Bill into the TPKS Law has been successfully pursued thanks to the collaboration with all elements of the nation, from the legislature, government, other state institutions, civil society, academics, and even the judiciary, all of whom are trying to bring Indonesia out of the emergency of sexual violence," Jaleswari said.

The government, according to Jaleswari, would also like to thank the DPR and elements of civil society who have initiated and helped accelerate the formation of the TPKS Bill.

"So it was ratified today, also for the collective and collaborative work of all strategic partners who were involved," said Jaleswari.

According to Jaleswari, the process of forming the TPKS Bill, which was originally called the Draft Law on the Elimination of Sexual Violence (RUU PKS) has been rolling since 2016 and has been accelerated in 2021 through the Task Force for the Acceleration of Formation of the TPKS Bill, which consists of cross-ministerial/institutional elements.

It is known that there are 8 factions in the DPR, namely the PDI-P, F-Golkar, F-Gerindra, F-NasDem, F-PKB, F-PAN, F-Democrats, and F-PPP which approved the ratification of the TPKS Bill.

While the Prosperous Justice Party (PKS) faction was the only faction that rejected the TPKS Bill, it continued to level II discussions in a plenary meeting because it was waiting for the ratification of the revised Criminal Code (KUHP).

The TPKS Law consists of 8 chapters and 93 articles and includes 9 forms of sexual violence, namely non-physical sexual harassment; physical sexual harassment; forced contraception; forced sterilization; forced marriage; electronic-based sexual violence; sexual abuse; sexual exploitation; and sexual slavery.

The regulation also accommodates input from the civil society coalition, such as the inclusion of a "victim trust fund" mechanism.

The law also allows community-based service providers to play a role in the process of assisting and protecting victims of sexual violence, perpetrators of sexual violence approaching victims at a certain distance and time during the legal process and stipulating provisions regarding the rights of victims, victims' families, witnesses, experts and companion to ensure the fulfillment of the victim's rights.

However, the two initial proposals, namely rape and abortion, were abolished in the TPKS Law because the crime of rape would be regulated in the RKUHP and abortion already exists in the Health Law.