JAKARTA - National Commission on Violence Against Women (Komnas Perempuan) criticized the DPR RI's move to not include rape in the Draft Law on Sexual Violence (RUU TPKS) because it was already included in the KUHP Law.
The head of Komnas Perempuan, Andy Yentriyani, assessed that this step was a setback. According to her, if there is no regulation on rape, it can be said that the victims of the crime have not been fully protected by the existence of the TPKS Bill itself.
"Even though it has been ratified later because we still have to wait for the ratification of the Criminal Code Bill," Andy told reporters, Monday, April 4.
Andy does not deny that the existence of the TPKS Bill is like a 'toothless tiger'. This is because many think that this bill does not include severe sanctions for perpetrators of rape.
"The difficulty is indeed this. Because at the same time there is a Draft Criminal Code, so many parties also depend on improving the regulation regarding (rape) in the revision of the Criminal Code, which we do not know when it will be released, considering the process can also be protracted," explained Andy.
Komnas Perempuan suggested that the government and DPR RI should still include rape in the TPKS Bill. This is because this concerns matters that are very essential for the protection of women and children who are vulnerable to becoming victims.
"At least there is a regulation regarding forced sexual intercourse that can be used as an umbrella before further regulation in the revision of the Criminal Code," said Andy.
Because they are waiting for approval, Andy added, in many cases, this is a new problem. For example, if it is made powerless in the Criminal Code, it will be a case of sexual intercourse which is not included in the scope of the TPKS Bill.
"Unless the victim is a child, then you can still access some progress in the TPKS Bill," she concluded
Previously, the Chair of the Working Committee (Panja) of the TPKS Bill, Willy Aditya, explained that the crime would be regulated in the RKUHP and the Health Law.
"We have agreed that the norms should not overlap," said Willy, in Jakarta, Monday, April 4.
This refers to a statement from the Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej who said that the crime of rape would be regulated in the RKUHP to avoid overlapping laws and regulations.
"It's not uncommon for one norm to be regulated in two laws. So, we follow what the government thinks in this matter," explained Willy.
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Meanwhile, the NasDem politician continued, the act of abortion has also been clearly regulated in the Health Law.
"Victims of rape are still allowed to have abortions under the Health Act. Regarding abortion, it will be fully referred to the Health Act," she said.
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