Faculty of Law Universitas Gadjah Mada (UGM) in cooperation with Forum Pengada Layanan (FPL) for women who are victims of violence organised a discussion on Draft Law on Sexual Abuse Alleviation. The discussion run at the Faculty of Law on Wednesday (19/10) to give input to the Draft Law as proposed by the National Commision for Women, attended by 50 academics, law enforcers, and activists.
Sri Nurherwati from the National Commission for Women revealed the support to the Draft Law was based on the view that every citizen has the right to be free from any kind of violence, including sexual violence. All kinds of violence, particularly sexual violence, is abuse of human rights and a very serious crime and a form of discrimination that has to be banished.
“Hence, this has to be comprehensively regulated in the Indonesian legal system as various types of sexual abuse continue to happen,” said Sri Nurherwati.
The Commission’s Data in 2012 showed that reported cases had soared to 181% from the previous year, while in 2013, 2014 and 2015 the reported cases reached 298,224 each year.
“The physical and psychological condition of the victims and families are very severe. Victims found difficulties to have access to medical, psychological, and legal aid as well as economic emporwerment or social rehabilitation,” said Sri Nurherwati, adding that they instead face discrimination and stigmatisation.
Sri Wiyanti Eddyono, SH. LLM, PhD, law lecturer from UGM and member of the finalising team of the Draft Law, said judicially, existing laws such as KUH Pidana, KUHAP, UU No. 23 Year 2004, UU No. 21 Year 2007 and UU No. 35 Year 2014 are all very limited in securing types of sexual violence that can be brought to court. These only regulate some forms of violence such as rape and abuse with inadequate formulation. Evidence is also hard to find because the law does not orientate to the protection of the right of the victims, instead the law enforcers blame the victim.
So, according to Sri Wiyanti Eddyono, amendments to the law are required which cover rules on prevention of sexual abuse, sexual abuse forms and right of victims, recovery of the victims, criminal law, evidence as well as monitoring of sexual abuse elimination and verdicts.
Prof. Dr. Eddy O.S. Hiariej, S.H., M.Hum, criminal law professor from UGM, said the Draft Law asked for a bigger responsibility from the state. “So, it is expected that in the Draft law there would be no opposing articles, which may call for judicial reviews,” he said.