TPKS Bill: So Expectations Of Victims Of Sexual Violence, But There Are Still Problems About Rape And Abortion

A number of residents demonstrated at the Hotel Indonesia Jakarta roundabout on September 1, 2019, urging that the TPKS Bill be ratified immediately. (ANTARA/Hafidz Mubarak)

JAKARTA - The discussion on the Draft Law on the Crime of Sexual Violence (RUU TPKS) was finally ratified into law in the nearest plenary session. The TPKS Bill, which was discussed by the DPR RI and the government in a short time, received appreciation from the public. The presence of the TPKS Law is the hope of victims of sexual violence. The sooner it is legalized, the faster the presence of the state for the victims will be.

The TPKS Bill received a positive response from various parties. The TPKS Bill accommodates a number of inputs from the coalition including civil society, such as including a victim trust fund mechanism or victim assistance funds to regulating electronic-based sexual harassment. The regulation on victim trust funds is appreciated, because of the support for victims during the sexual violence case process.

Perpetrators of violence are prohibited from approaching the victim within a certain distance and time during the legal process. Law enforcement officers in conducting investigations and legal processes without causing trauma to victims are also regulated in this TPKS Bill.

Illustration of a campaign against sexual violence against women and children. (Unsplash)

However, this TPKS Bill still leaves notes, such as not yet transparently regulated cases of rape and forced abortion. The National Commission on Violence against Women hopes that forced sexual intercourse or rape will still be specifically regulated in the TPKS Bill.

Edward Omar Sharif Hiariej Deputy Minister of Law and Human Rights (Wamenkumham) related to cases of rape and forced abortion said the two types of crimes were not included in the TPKS Bill because they were already regulated in the Criminal Code.

"But actually if we look at Article 4 paragraph (2) of the TPKS Bill, it has included rape as a crime of sexual violence. But the offense is in the Criminal Code," he said.

Protection Instrument

The working committee (Panja) of the DPR RI TPKS Bill and the government team, until the decision was made on Wednesday 6 April, were still receiving input from the Coalition for Persons with Disabilities regarding the formulation governing sexual violence against persons with disabilities.

Puan Maharani, as Chair of the Indonesian House of Representatives, finally stated that the TPKS Bill would soon be passed into law. The plenary meeting resulting from the decision making of the legislative body of the DPR agreed to the results of the level I discussion and continued to the level II discussion.

"Specifically, the ratification of the TPKS Bill will be a gift for women in welcoming the commemoration of Kartini Day, one step further from the fruit of this long journey to be realized, considering that many victims of sexual violence come from among women," said Puan in her press statement.

Puan Maharani hopes that the TPKS Law will become a state instrument to protect victims of sexual violence. (AMONG)

According to Puan, so far, the rights of victims of sexual violence have been neglected. The existence of the TPKS Bill is a form of joint commitment from the DPR and the government to protect the victims.

“This TPKS Bill is the result of the hard work of all layers of the nation who are persistent in fighting for it. Activists from various circles, NGOs, academics and of course all levels of Indonesian society," said Puan, Thursday, April 7.

In the future, Puan hopes that the TPKS Bill can become a state instrument in handling, protecting, and recovering victims of sexual violence as well as implementing law enforcement.

Importance of Prevention

According to the Minister of Women's Empowerment and Child Protection (PPPA), Bintang Puspayoga, the TPKS Bill also has an important meaning in preventing all forms of sexual violence.

"The Draft Law on the Crime of Sexual Violence will be a new milestone in the legal umbrella that can provide certainty and accelerate the fulfillment of victims' rights, provide justice for victims and carry out law enforcement," said Bintang in an online media talk titled "The TPKS Bill Agreed To Be Continued to the Plenary Session of the DPR RI" in Jakarta, Friday 8 April.

According to Bintang, this bill lays out the definition of a criminal act of sexual violence. Prevent all forms of sexual violence, handle, protect and recover victims, implement law enforcement and rehabilitate perpetrators, create an environment without sexual violence, and ensure the non-sustainability of sexual violence.

Minister of Women's Empowerment and Child Protection (PPPA), Bintang Puspayoga. (Ministry of PPPA)

Although filled with various pros and cons dynamics since it was proposed in 2016, finally on January 4, 2022, President Jokowi pushed for the TPKS Bill to be ratified immediately. The President assigned the Minister of PPPA, Menkumham, and the government's Task Force to handle the TPKS Bill to coordinate and consult with the DPR to hasten the ratification of the TPKS Bill.

"I hope that the Bill on the Crime of Sexual Violence will soon be ratified, so that it can provide maximum protection for victims of sexual violence in the country," said Jokowi, Tuesday, January 4, 2022.

We hope that the existence of the TPKS Law will later become a form of state side in preventing all forms of sexual violence, as well as becoming an instrument of the state in handling, protecting, and recovering victims of sexual violence as well as implementing law enforcement.

The TPKS Law will serve as a legal umbrella to rehabilitate perpetrators as well as a guarantee so that sexual violence does not recur. The TPKS Bill will serve as a guide in realizing an environment without sexual violence.