The TPKS Law Can Be Implemented Apparatus, Baleg: Supervision Is Done By Members Of The DPR And Related Commissions

Illustration of the DPR plenary meeting at the Senayan Parliament Complex, Jakarta. (Antaranews)

JAKARTA - Deputy Chairman of the Legislative Council of the DPR Willy Aditya, stated that the Law on the Crime of Sexual Violence (UU TPKS) can be applied by law enforcement officers (APH) in taking action against TPKS cases. Both the criminal offense and the procedural law are as regulated in the TPKS Law. Willy, who is also the Chair of the Working Committee on the TPKS Bill, stated that the Legislative Body of the DPR is no longer involved after the TPKS Law was passed. So, he said, all parties jointly supervise the implementation of this law.

“The Panja has finished carrying out its duties after the decision was made in the first level talks at the Legislative Body with the Government. Furthermore, all parties, starting from members of the DPR both individually and in accordance with assignments in the relevant commissions, jointly supervise the implementation of the TPKS Law," Willy told reporters, Wednesday, June 29.

Willy explained, in general, the authority of the DPR in an effort to enforce the TPKS Law is to carry out the functions of supervision, budgeting, and legislation, as well as the duties and functions of the DPR. Furthermore, the supervisory function can be directly carried out by the relevant commission once the TPKS Law is enacted.

"So, for example, Commission VIII. He can supervise and ensure that the Central Government and Regional Governments form UPTD PPA in all districts/cities and provinces as stipulated in Article 90 of the TPKS Law no later than 3 years. Then ensure the establishment of a victim aid fund as regulated in Article 35 of the TPKS Law with a Government Regulation," said Willy.

“In addition, they can also ensure that the government establishes an Integrated Service as mandated in Articles 72-75 which is regulated by a Presidential Regulation; ensure the rights of victims to Handling, Protection, and Recovery since the occurrence of the Crime of Sexual Violence, which is the obligation of the state and carried out in accordance with the conditions and needs of the victim," he added.

Then, Willy continued, Commission III of the DPR can also supervise and ensure that APH in conducting investigations and investigations work in accordance with what is stipulated in the TPKS Law. The legal commission, said Willy, could also ensure the establishment of a special unit for complaints of TPKS victims in all police and prosecutorial structures; ensure LPSK to directly collaborate with APH and UPTD PPA in ensuring the rights of victims are fulfilled.

"Likewise, Commission IX, they can monitor and ensure that visas and health services are provided by hospitals and other health service units with funding provided from the APBN and APBD as instructed in Article 87 of the TPKS Law," he explained.

Meanwhile, according to Willy, other commissions can ensure that partners in their commissions form an internal unit or regulation that aims to prevent the occurrence of criminal acts of sexual violence in their respective institutions.

Meanwhile, in the budget sector, Willy said, the DPR can optimize its budget function by ensuring that the budget allocation for the implementation of the TPKS Law can run well, through meetings on budget determination with related ministry and non-ministerial institutions.

"The legislative function can be carried out by the Legislative Body as it is the duty and function of the Legislative Body in monitoring and reviewing laws," he said. In particular, as mandated in Article 91 of the TPKS Law, Willy added, the implementing regulations of this TPKS Law must have been stipulated no later than 2 years after its promulgation and the Central Government must report the implementation of the TPKS Law to the Legislation Body no later than 3 years after its promulgation.

"If deemed necessary, the Legislative Body may form a Working Committee for Monitoring and Reviewing the Implementation of the TPKS Law if in the implementation of the TPKS Law the Government does not form implementing regulations of the TPKS Law on time and/or the mandate of the TPKS Law is not carried out properly," said Willy.

Willy added, there are five Government Regulations and five Presidential Regulations that must be formed based on the mandate of the TPKS Law. For example, PP on victim assistance funds, PP on the elimination and/or termination of access to electronic information and/or electronic documents containing TPKS, PP on procedures for handling, protecting and recovering victims, PP on implementing TPKS prevention, and PP on coordination and monitoring of TPKS.

As for the Presidential Regulation, Willy said, a Presidential Decree is needed on an integrated team for assessing service provision, a Presidential Regulation on the implementation of integrated services at the central level, a Presidential Decree on UPTD PPA, a Presidential Regulation on the provision of education and training for APH and service personnel, and a Presidential Decree on national policies on eradicating TPKS. .

"In addition, the DPR and the Government, both individually and together, can disseminate the TPKS Law to all stakeholders and community members so that the TPKS Law can be optimally implemented," he concluded.