TPKS Bill Will Regulate Right Of Protection To Recovery Of Victims Of Sexual Violence

Deputy Minister of Law and Human Rights (Wamen Kumham) Edward OS Hiariej. (AMONG)

JAKARTA - The Government and the Indonesian House of Representatives are still drafting the Sexual Violence Bill (RUU TPKS). One of the provisions is the rights that will be obtained by victims of sexual violence.

These rights include the right to handle, protect, and recover victims of sexual violence. This was stated by the Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej or Eddy.

Eddy said victims of sexual violence would get their rights from reporting to law enforcement officials, government agencies and non-government organizations.

"Fulfilling the rights of victims is the state's obligation and carried out according to the conditions of the victims," said Eddy in a meeting of the Working Committee on the TPKS Bill, quoted on Sunday, April 3.

More specifically, Article 47 of the problem inventory list (DIM) of the TPKS Bill states that every victim has the right to treatment, protection, and recovery since the occurrence of a criminal act of sexual violence in the justice process.

Article 48 Paragraph (1) states that the rights of victims include the right to treatment, the right to protection, and the right to recovery. Paragraph 2 emphasizes that the fulfillment of the victim's rights is the state's obligation and is carried out in accordance with the victim's condition.

Then, Article 49 explains the victim's right to treatment, which includes the right to information on the entire process and outcome of handling, protection, and recovery; the right to obtain documents resulting from handling; and the right to legal assistance and services.

Eddy said that the right to legal services also regulates the issue of assistance to victims. "So in order not to cause interpretation, it is necessary to provide an explanation. Legal services include legal assistance, legal consultation, and legal assistance," he said.

The right to further treatment that the victim gets is the right to psychological reinforcement, and the right to health services including examination, action, and medical treatment.

Then, the right to remove sexually charged content for cases of sexual violence by electronic means. This is intended so that the sexual content of the victims that are spread cannot be accessed by the public again.

Furthermore, the right to protection will be regulated in Article 50 paragraph 1, which includes the provision of information regarding protection rights and facilities, providing access to information on the implementation of protection, and protection from threats or violence by perpetrators and other parties, as well as recurrence of violence, and protection of identity confidentiality.

Then, protection from the attitudes and behavior of law enforcement officers who humiliate victims, protection from job loss, job transfer, education, and/or political access, and protection of victims and/or reporters from criminal prosecution or civil lawsuits for the crime of sexual violence that he reports. .

Next is the right to recovery as regulated in Article 51 Paragraph 1, namely medical rehabilitation, mental and social rehabilitation, social empowerment, restitution and/or compensation, and social reintegration.

Meanwhile, the Chair of the TPKS Bill Working Committee (Panja) Willy Aditya said the DIM of the TPKS Bill had been discussed and agreed upon. After the discussion of the substance is finished, then the DPR RI will hold a meeting of the Formulating Team (Timus) and the Synchronization Team (Timsin) which is scheduled for Monday, April 4.

"At 10 am on Monday, it was opened by Panja first. After that, Timus immediately went to work," said Willy.

Willy is sure that the TPKS Bill can be completed on time. According to him, in the meeting between Timus and Timsin there will be no debate because there is no longer any discussion of substance issues.

"No (there is another debate), lah. It's just editorial. You can't have substance (discussed) in Tumus, Timsin," he said.

As is known, the DPR is targeting the TPKS Bill to be passed as law in a plenary meeting before the recess period on April 15, 2022.