Regarding The Case Of Alleged Immorality Of The Chairman Of The Indonesian KPU, Komnas HAM Asks DKPP To Observe The Principles Of The TPKS Law

Chairman of the KPU Hasyim Asy'ari. (ANTARA PHOTO-Hafidz Mubarak A)

JAKARTA - The National Human Rights Commission (Komnas HAM) has asked the Honorary Council of Election Organizers (DKPP) of the Republic of Indonesia to observe the principles of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS).

This was conveyed by Komnas HAM after the Indonesian DKPP received a report related to allegations of immorality by the Chairman of the Indonesian General Election Commission (KPU) Hasyim Asy'ari.

"Because DKPP has received the report, so taking into account the principles contained in the TPKS Law, not only in the Election Law (UU Number 7/2017) because the dimension of the case is a criminal act of sexual violence, it is important to consider the principles related to the dignity of humans, victims, then non-discrimination, the best interests for victims," said Komnas HAM Admission Sub-Commission Coordinator Anis Hidayah in an online public discussion witnessed from Jakarta, Friday.

Anis also asked the Indonesian DKPP in the trial process to pay attention to justice, benefit, and legal certainty.

Meanwhile, Anis said that in principle election organizers should have integrity, honesty, and fairness, so that they can anticipate cases of sexual violence.

Anis also said that election organizers should build an ecosystem that is gender fair by making policies that are in line with the TPKS Law. According to him, this is necessary because sexual violence is part of human rights violations.

Therefore, he is of the opinion that public officials who commit sexual violence should be given a penalty in accordance with the mandate of the TPKS Law.

"So it is very important that when a sexual violence is carried out by a public official, a superior, and for example, it is done more than once against more than one person, then this must be increased by one-third of the sentence that has been determined plus the removal of office," he explained.

Previously, Hasyim Asy'ari was reported to DKPP on Thursday (18/4) by the Legal Aid Consultation Institute and the Choice of Settlement of Disputes at the Faculty of Law, University of Indonesia (LKBH-PPS FH UI) and the Legal Aid Institute of the Indonesian Women's Association for Justice (LBH APIK).

The attorney for victim Maria Diinita Prosperianti explained that Hasyim's actions as a defendant were included in violating the code of ethics based on DKPP Regulation Number 2 of 2017 concerning the Code of Ethics and Code of Conduct for General Election Organizers.

Maria said that in reporting to the DKPP RI, a number of evidences had been submitted showing violations of the code of ethics by Hasyim. He said that Hasyim prioritized his personal interests to satisfy his sexual desires.

"There have been several dozen pieces of evidence, yes, such as screenshots (screenshots) of conversations, photos, and videos, as well as evidence. I have explained earlier, this evidence can show that it is truly structured, systematic, and active, and here the defendant also provides information manipulation and also spreads confidential information to show his power," he explained.

He also said that Hasyim's actions to the victim showed repeated actions. Therefore, he hopes that the Indonesian DKPP will not only give a stern warning to the case involving his client.

"There is a similar case, but maybe a little different from what happened to the gold woman. This has also been given the last tough warning sanction. So after a decision from the DKPP, our target should be that the sanction given is no longer a warning, but is termination," he said.