JAKARTA - The DPR regrets that the molestation case by an unscrupulous teacher with the initials M to eight elementary school students in Kediri, East Java, ended peacefully. The police must investigate this case.
"Kediri police officers must immediately act in accordance with their authority, especially since the perpetrators have clearly admitted their actions," said Luluk Nur Hamidah, member of the Legislative Body (Baleg) DPR, Thursday, July 21.
Although the perpetrators have been examined by the Inspectorate of the Education Office, the sexual abuse case ended peacefully between the perpetrator and the victim. Luluk reminded that Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS) can ensnare perpetrators without having to file a complaint.
“Sexual exploitation carries a penalty of 15 years in prison. What the public must know is that sexual violence in which the victims are children is not a complaint offense and cannot be resolved outside the courts," Luluk Nur Hamidah said in an official parliament statement.
In Article 23 of the TPKS Law, it is stated that sexual violence crimes cannot be resolved outside the judicial process, except for child perpetrators as stipulated in the law. Perpetrators can also be given a heavier sentence because of their status as educators.
“The abuse of power, authority, honor and influence as well as trust has actually become an aggravating factor for the perpetrators. Sexual harassment by teachers is a very serious crime,” said Luluk.
The legislator from the Central Java IV electoral district also regretted the school and the Kediri Education Office for facilitating peace efforts between the perpetrator and the victim, represented by the victim's parents. According to Luluk, this also violates Law No. 35 of 2014 concerning Child Protection.
The Education Office and the school should coordinate with the relevant Service Technical Implementation Unit (UPTD) so that victims receive assistance and recovery services.
"And of course legally the victim is also accompanied. This will set a precedent for all cases of sexual violence if it ends peacefully, especially if this peaceful effort is carried out against child victims," he said.
Luluk said that the fulfillment of justice for victims of sexual violence must be done to protect the interests and future of the victims. He reminded that victims have the right to be accompanied and their dignity protected.
“The victims have the right not to be publicly exposed to their names, faces and identities. Even courts can also be held behind closed doors to protect child victims,” said Luluk.
"So parents or families should not be afraid to take legal action, and we ask law enforcement officials to proactively follow up on this case by summoning the relevant parties, especially the perpetrators, witnesses, and also victims," added the member of Commission IV of the DPR RI. .
Luluk also highlighted the 'punishment' to the teacher who perpetrated the molestation which was only limited to transferring duties. Although this is the authority of the school, but the criminal case should not stop only with changing places of teaching and the word peace.
"Transferring the teacher to another school without a legal process will actually become a terror in a new place and there is the possibility of taking new victims because there is no legal action to deter the perpetrators," Luluk said.
Luluk added that the image of the perpetrator who was considered good so far could not be the reason for his actions and then it was understood. Even though the perpetrator will retire soon, he believes that the legal case must continue.
“The normalization of sexual violence must end! Perpetrators of sexual violence can be anyone, including someone who is respected or considered good, like this teacher in Kediri,” he said.
“His personality is considered good, but he uses it to manipulate, lie, and sexually exploit his students. This is unforgivable!” continued Luluk.
The DPR hopes that every school and all educators are aware of the existence of sexual violence involving unscrupulous teachers as perpetrators. Moreover, Luluk said, cases of sexual violence were carried out within the school environment.
“According to Komnas Perempuan's findings, educational institutions rank at the top of all cases of sexual violence. And we don't want this to continue. The school must anticipate and take firm steps," he concluded.
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