Dear Nathan: Thank You Salma, Violence And Sexual Harassment Is Barbarism That Needs Severe Punishment

Illustration of stopping sexual harassment (photo: special)

JAKARTA - “I think it's very interesting and I'm very happy to be able to be the message that you want to convey and the issue of sexual harassment often occurs especially in the educational environment. It's rarely brought up by films, especially teen romance films that are very realistically appointed but also wrapped in a very thick romance."

The sentence above was spoken by Amanda Rawles in a special interview with VOI. Amanda is the main character in the film Dean Nathan, which is a teen romance drama adapted from a trio of novels by Erisca Febriani. The final sequel to Dean Nathan which is currently playing in Indonesian cinemas is entitled Dean Nathan: Thank You Salma.

In the last sequel, the character Zanna, who is a victim of sexual harassment by her friend in Mapala, appears. Since the father of the abuser was a lecturer at his college, Zanna was afraid to report the incident and chose to remain silent.

Amanda Rawles (Photo: Rapi Films, DI: Raga/VOI)

"In my opinion, sexual violence used to be for example being raped, I thought it was just like that even though it's not like that even in relationships, sexual violence also exists, that's why I only understand now that anything that happens without consent is considered sexual violence," Amanda said again in the interview. especially with VOI.

Amanda also has a message that sexual violence is not the victim's fault. As long as without permission, then the act is sexual violence.

What is the Difference Between Harassment and Sexual Violence?

According to the draft Law on the Elimination of Sexual Violence (RUU PKS) by Komnas Perempuan, sexual violence is any act of humiliating, insulting, attacking and/or other actions, against the body related to sexual desire, a person's sexual desire, and/or reproductive function. , by force, against one's will.

Acts that can be classified as sexual violence are: rape, sexual intimidation, sexual harassment, sexual exploitation, trafficking in women for sexual purposes, forced prostitution, sexual slavery, forced marriage, forced pregnancy, forced abortion, forced contraception, sexual torture, inhumane punishments sexual nuances, traditional practices that harm women, and sexual control.

Illustration of sexual violence (photo: Shutterstcok)

Sexual harassment includes behaviors such as: unwanted sexual advances, asking for something in exchange for sexual activity, and other unwanted sexual behavior.

According to the criteria of the Rape Abuse & Incest National Network (RAINN), a non-profit organization against sexual violence in the US founded by Scott Berkowitz and Tori Amos, which is classified as sexual harassment, among others: making certain terms or conditions in the recruitment of employees by asking for sexual activity in exchange or payment, explicitly or implicitly; verbal harassment that offends someone's sexuality, including pornographic jokes; unwanted physical touch, discussing sexual relationships, stories, or fantasies in the office, workplace, school, college, or other inappropriate place; forcing to have sexual relations with someone; send messages, texts, or photos that are sexually suggestive but that the recipient doesn't want.

Sexual Violence in Educational Institutions

In many cases of sexual harassment and violence in Indonesia, these incidents often occur in educational institutions. Cases of violence and sexual harassment in recent times have dominated media coverage. Luckily, when more and more cases of sexual harassment and violence are reported by the victims.

Several cases that occurred at the end of 2021 include sexual harassment at the University of Riau last November. The Instagram account belonging to the Riau University International Relations Student Corps uploaded a video containing the confession of a student who was sexually harassed by the Dean of FISIP during thesis guidance.

A similar case also occurred at the State University of Jakarta, when a lecturer sent a lewd chat to several female students. In Universitas Brawijaya (UB) Malang, there is also a case of sexual harassment experienced by a student from her older generation at the UB Faculty of Cultural Sciences. The case even occurred in 2017, and was only reported in January 2020.

The Indonesian Child Protection Commission (KPAI) in December 2021 released shocking data on cases of sexual harassment and violence in schools. As many as 55 percent of the perpetrators turned out to be teachers.

The most horrendous case of sexual violence perpetrated by an educator against his student is of course the rape of 13 female students by Herry Wirawan, the caretaker of the Islamic Boarding School in Cibiru, Bandung, which emerged in December 2021. Herry's barbaric actions even resulted in some of his students becoming pregnant and giving birth.

Herry Wirawan, accused of raping female students (photo: Antara)

The case of sexual crimes committed by Herry has invited reactions and comments from the central government, through Vice President Ma'ruf Amin. The vice president asked for punishment for perpetrators of sexual crimes in order to provide a deterrent effect so that violence and crimes do not occur again.

"The vice president asked how the punishment related to sexual crimes could have a deterrent effect. The vice president is very concerned about the condition of such sexual crimes. Plus the vice president asks for the perpetrators to be punished severely," said spokesman for the vice president Masduki Baidlowi when giving a virtual press statement quoted by Antara, Sunday, January 16.

Herry himself was demanded the death penalty, castration, and a fine of up to IDR 1 billion. The 36-year-old man applied for leniency against the sentence charged against him. Herry was sentenced to heavy punishment because he committed sexual crimes against minors.

Penalties for sexual crimes in Indonesia are still light

Punishments for perpetrators of sexual crimes, both harassment and violence in Indonesia, are still considered weak. In Indonesia's positive law, there are no terms known as sexual harassment, sexual violence, or sexual crimes. A known term is obscene acts.

Obscenity in the Criminal Code (KUHP) is regulated in the Second Book on Crime, Chapter XIV on Moral Crimes (articles 281 to 303). The act is defined as any act that is considered to violate decency or decency can be included as an obscene act.

Seeing such conditions, in Indonesia perpetrators of sexual harassment and violence will be charged with articles 289 to 296 of the Criminal Code. The victim must bring sufficient evidence to prosecute the person accused of the perpetrator, in order to be charged in court. If they are found guilty, the perpetrators of sexual crimes in the form of harassment or violence will only get a maximum sentence of 5 years.

Vice President Ma'ruf Amin, asked that perpetrators of sexual crimes be severely punished. (photo: Antara)

The intention to make a new law regarding sexual crimes is also not easy. The Act on the Elimination of Sexual Violence which was changed to the Plan for the Law on Sexual Crimes has not yet been passed into law. In fact, according to many parties, Indonesia is already in a position of “sexual violence emergency”.

A number of parties hope to include aspects of decency to be regulated in the TPKS Bill. In fact, the TPKS Bill is designed to protect victims from a broader aspect, namely the humanitarian aspect," said Lestari Moerdijat, Deputy Chairperson of the MPR RI. only put the crime of sexual violence as a crime of morality.

"Incorporating moral norms in the TPKS Bill will result in these norms being unable to reach protection for victims, resulting in the weakening of legal settlement efforts," he said.

Comparison with Other Countries

Although cases of sexual crimes occur in all countries in the world, views vary from country to country. In the Philippines, for example, the country has had an Anti-Sexual Harassment Law since 1995. The purpose of the law was to protect workers, employees, job seekers, as well as students in schools and training institutions.

India also already has legal regulations on cases of sexual violence, which regulates the definition, form, and punishment for perpetrators of sexual violence, both harassment and violence. The UK has also amended the Discrimination Act of 1975, adding a section on sexual violence as part of discrimination in 1986.

President Jokowi when opening the Plenary Cabinet session, at the State Palace, Jakarta, on May 10, 2016, stated that sexual crimes are rampantly occurring as a form of serious crime that must be handled seriously. But almost six years have passed, the instructions have not been implemented, even though Indonesia is already in a state of “sexual violence emergency”.