Elimination of Sexual Violence Bill

The drafters and supporters of this bill are the National Commission on Violence against Women (Komisi Nasional Anti Kekerasan terhadap Perempuan, Komnas Perempuan) and the Service Provider Forum (Forum Pengada Layanan, FPL).[3][4][5] The Chairperson of Komnas Perempuan, Azriana, said on September 7 2015 that there were at least 15 kinds of sexual violence experienced by women in Indonesia, namely acts of rape, intimidation of sexual nuances (including rape threats or attempts), sexual harassment, sexual exploitation, forced marriage, forced pregnancy, forced abortion, forced contraception/sterilization, sexual torture, sexual punishment, and sexual control, including discriminatory rules based on morality and religion. 13 of them have not been regulated by law.[6]

This bill was proposed on January 26, 2016.[7] Komnas Perempuan submitted the academic text of the PKS bill to the Indonesian People's Representative Council (Dewan Perwakilan Rakyat, DPR) on May 13, 2016.[8] The bill was included in the 2016 Priority Prolegnas (Program Legislasi Nasional, National Legislation Program) on June 6, 2016.[9] This bill was withdrawn from the 2020 Priority Prolegnas on July 2, 2020. This withdrawal proposal was previously submitted by Commission VIII. Deputy Chairperson of Commission VIII Marwan Dasopang said it was difficult to discuss the bill at this time because of the clash on the definition of sexual violence and the rules of punishment.[10] According to a member of Commission VIII from the Indonesian Democratic Party of Struggle (PDI-P) faction Diah Pitaloka, the decision to remove this bill from the Prolegnas was not a statement from Commission VIII, because there was no meeting to decide that, and it was Marwan Dasopang's personal statement. According to Diah, even though it was removed from the 2020 Prolegnas, the PKS Bill will enter the 2021 Prolegnas which will be discussed by the Legislation Body of the People's Representative Council (Badan Legislasi Dewan Perwakilan Rakyat, Baleg).[11]

The PKS Bill does not only regulate procedural law and criminal sanctions regarding sexual violence, but rather regulates benefits for victims of sexual violence. According to the Director of the Legal Aid Institute (Lembaga Bantuan Hukum, LBH) APIK, Veny Octarini Siregar, the PKS Bill covers everything from prevention, fulfillment of victims' rights, recovery of victims to regulating handling during the legal process. The PKS Bill is considered to be a special law or lex specialis. The justice system will be made like juvenile justice. Victims can choose to meet or not meet with the perpetrators, and victims are placed in a special room during the trial. This bill also regulates the role of the community, such as actions taken by Rukun Tetangga or Rukun Warga. This bill charges the perpetrator to pay restitution not as compensation to the victim, but to bear the costs of the victim's recovery.[12] There are nine forms of sexual violence described in this bill, namely sexual harassment, sexual exploitation, forced contraception, forced abortion, rape, forced marriage, forced prostitution, sexual slavery and sexual torture.[13]

Chairman of the Indonesian Feminist Lawyer Clubs (IFLC) Nur Setia Alam Prawiranegara said the discussion of this bill was hampered "because this bill does not generate a lot of money. It is different from the election bill, which may have a clear circulation of money." In addition, Member of the People's Representative Council Commission VIII Rahayu Saraswati Djojohadikusumo admitted that there was no agreement on the PKS Bill between legislators and PKS Bill supporters. According to Saras, some parties consider the PKS Bill to be a regulation that justifies the existence of lesbian, gay, bisexual and transgender (LGBT),[13] and some think that this bill comes from foreign interests, even though the drafters and supporters of this bill are Komnas Perempuan and FPL. who are assisting victims of violence in Indonesia.[3]

A petition on Change.org urging the DPR and government to discuss the PKS Bill was signed by more than 50,000 netizens on May 6, 2016.[14] On December 8, 2018, people from various alliances held a grand parade demanding that the government immediately pass the PKS Bill. The hashtag #sahkanruupks (Sign the PKS Bill) has become the most popular post on Twitter. The editor-in-chief of Jurnal Perempuan, Anita Dhewy, thinks that the ratification of the PKS Bill is urgent, especially after victims of sexual harassment in Indonesia have the courage to speak up after the emergence of the Me Too movement. Marwan Dasopang said that there were still many things that the DPR had to consider, such as interrogations that had to be coordinated with the police, the use of the title "Elimination of Sexual Violence" which could lead to various interpretations, the use of the word sexual desire which could be interpreted as same-sex desire. According to him, the existing regulations are sufficient to deal with acts of sexual violence. [7]

In a series of demonstrations and riots that took place in Indonesia in September 2019 by Indonesian students and journalists, one of the demonstrators' demands was to immediately pass the PKS Bill.[15][16] During the Indonesia omnibus bill protests in July 2020, protesters also demanded the passing of PKS Bill.[17][18]

• Draft of the bill at the DPR RI official website