Santri Kembali Jadi Korban Kekerasan Seksual, DPR: Segera Terbitkan Aturan Derivasi UU TPKS!

Illustration of sexual harassment. (Freepic-Rawpixel-com)

JAKARTA - The dark story of female students who are victims of sexual violence is repeated. For the umpteenth time, the government needs to immediately issue a derivative rule of Law No. 12/2022 of 2022 of the TPKS Law so that the handling of cases of sexual violence can be optimal. "The case of sexual violence in Indonesia is already an emergency, including it is rife in the Islamic boarding school environment. The government must move quickly to resolve the derivative rules of the TPKS Law," said Deputy Chairperson of the DPR RI Baleg, Willy Aditya, Thursday 25 May. As is known, at least 41 students became victims of sexual abuse in Islamic boarding schools in East Sakra, East Lombok, West Nusa Tenggara (NTB). Two perpetrators of rape are leaders of Islamic boarding schools. The mode used by the perpetrators is to open a special sex recitation class for targeted students. The perpetrators provide recitation material on intimate relations of husbands. It is reported that the age of the victims is on average 15-16 years and sit in the 3rd class of MTs/SMP. All victims are also promised to get a beamed face and blessings to enter heaven by the perpetrators. Willy condemned the depraved acts of the perpetrators. "The perpetrators' actions are very barbaric. Islamic boarding schools should be a safe and comfortable place to reap knowledge. Moreover, Islamic boarding schools are also teaching about akhlakul carimah, so the caretakers of Islamic boarding schools or religious teachers should be role models role models. We regret that if there are boarding school caregivers who take advantage of the politios of santri/santriwati, "he stressed. Will asks the police and law enforcers to take firm action against the perpetrators so that they get appropriate sanctions. Moreover, sexual violence that occurs within religious educational institutions so that there is a deterrent effect. If this is not taken seriously, it is feared that this will continue to happen like an unbroken vicious circle.

Like the case of sexual harassment at Islamic boarding schools in Lampung Province some time ago, where the mode was that female students were lured with the blessing of having sex with the perpetrators. Then dozens of female students at an Islamic boarding school in Batang Regency, Central Java, also became victims of sexual violence. The perpetrators in the 2 immoral cases are ponpes caregivers. Cases of sexual violence in Indonesia are like icebergs. The DPR has ratified the TPKS Law which can ensnare the perpetrators with "maximally, but still not effective because the technical rules do not exist yet," said Willy. Until now, law enforcement officers usually use Law Number 1 of 2016 concerning the Law on Child Protection in cases of underage sexual violence. According to Willy, handling cases of sexual violence should be more effective if law enforcers apply articles in the TPKS Law. However, the effectiveness of the TPKS Law to be the umbrella for the protection of victims of sexual violence is not adequate because the technical rules don't exist yet. So we urge the Government to immediately issue them to serve as a guideline for law enforcement officers and judges, "said Willy.The implementation of the TPKS Law is also expected to prevent and break the chain of sexual violence. Considering cases of sexual violence are at the top as a type of violence that is often experienced by victims. Based on reports from the Ministry of Women's Empowerment and Child Protection (KemenPPPA), there were 11,016 cases Sexual violence in 2022. Of these, cases of sexual violence against children reached 9,588, where there was an increase from the previous year which amounted to 4,162 cases. Then the National Commission (Komnas) Women noted that cases of sexual violence were the most reported cases in 2022. There were 2,228 cases containing sexual violence or 65 percent of the total 3,422 cases of gender-based violence. Willy asked for a commitment from the Government to immediately resolve it The derivative rules of the TPKS Law, which were originally to be enacted in 5 Government Regulations and 5 Presidential Regulations, were then agreed to simplify the formation of derivative rules into 3 Government Regulations and 4 Presidential Regulations.. Because the TPKS Law is a legal breakthrough in cases of sexual violence, "explained the Chairperson of the TPKS Bill Working Committee. TPKS Law also avoids the potential of law enforcement officers to make victims experience Repeated violence during the process of handling and investigating cases of sexual violence. Then cases of sexual violence also cannot be resolved outside the judicial process, except against child offenders. The TPKS Law ensures that victims of sexual violence get fast and accurate treatment. Services and mobilization are also carried out by the case handling team, not by victims, "said Willy. Furthermore, the TPKS Law also regulates the law of the event of sexual violence with more Comprehensive. Starting from the investigation stage, prosecution, to examination at court trial while still paying attention to and upholding human rights, honor, and without intimidation.Willy added that the TPKS Law can not only arrest and assign suspects to perpetrators of sexual violence, but can also fulfill the rights of other victims. "Hates such as psychological recovery, restitution and fines for perpetrators, and other needs that can be assessed by the victim's companion," he said. "With the TPKS Law, all procedures and mechanisms can also be quickly addressed when there are obstacles in handling. For example, related to evidence, victims can be witnesses to themselves," added Willy. If the fine cannot be paid by the perpetrators, said Willy, so it can be replaced with a prison sentence. Including the restitution rules whose values are based on the type of crime committed, the length of the criminal threat, and the economic condition of the perpetrators. The determination of the restitution is carried out by the Witness and Victim Protection Agency (LPSK) and the court," he explained.Willy said, indeed the completion of the derivative regulations of the TPKS Law is targeted to be completed within two years after being promulgated. However, he reminded, implementing regulations are important considering that the TPKS Law is becoming the focus in preventing and tackling cases of sexual violence. "Sexual violence cases have become a scourge in this country. So the sooner the technical rules of the TPKS Law are issued, the better," said Willy. "And the TPKS Law can also not only handle cases, but also regulate the prevention of sexual violence so that the hope is that this iceberg can be reduced," he continued. In the process of preventing and handling victims of violence, according to Willy, synergy and coordination of all parties are needed. Good from the central to village governments, development partner organizations, community leaders, and other elements of the nation. "We expect the Government's commitment to immediately form technical rules for the TPKS Law. This is a state effort to protect every citizen from the threat of sexual violence," concluded Willy.