In 2016, an anti-sexual violence act was proposed to Indonesia’s House of Representatives. Unfortunately, the House did not immediately pass the bill as conservative representatives and religious groups viewed the bill as liberal and insisted that the COVID-19 pandemic took precedence, prioritizing other bills that focused on boosting Indonesia’s economy. Additionally, factions representing the conservative representatives and religious groups did not want the bill to pass, as it acknowledged the existence of marital rape. When Deputy Chairman Dasopang stated that the bill was “too difficult to discuss” and that “the wellbeing of the elderly is more important right now”, there was an outcry from several women’s rights activists, accusing the government of being ignorant and violating the basis of human rights. Women’s rights activists also voiced their criticism at the House members who were failing to stand up for the victims of sexual assault. “How many women would have to be victims before the House realizes that sexual violence is a serious crime?” said Uli Pangaribuan, of the Legal Aid Foundation of the Indonesian Women’s Association for Justice (LBH APIK), in an interview with VICE News. Many activists and normal citizens took to Twitter to express their outrage at the House’s lack of action and compassion for this serious matter hurting the lives of thousands of women and girls across Indonesia. Twitter user @mcflurrycendol tweeted “you guys literally call yourselves representatives, but who the hell do you represent anyway? People are literally begging for this(passage of the anti-sexual violence).”
After this decision was made, there was a surge in domestic violence and child abuse cases. In Indonesia, one in three women have been sexually assaulted or abused. The National Commission on Violence Against Women gathered data showing that there were more than 431,000 cases of violence against women in 2019 alone, and these numbers are likely an underestimate. In 2018, VICE News also exposed the rape culture that plagues 79 different universities across Indonesia. The passage of the anti-sexual violence bill would have provided justice to the victims who are suffering under this rape culture and give them protection under Indonesian law. Victims would cease to be forced by law enforcement officials to gather evidence for their own cases. Victims would have the fighting chance to make a case at court with substantial evidence, such as psychology reports and electronic statements.
On top of this, victims of sexual violence are afraid to even report their cases because of the social stigma present in Indonesia. Many women face legal prosecutions for pursuing their case. For example, a woman named Baiq Nuril was jailed for reporting her case of sexual harassment. These victims also have a difficult time finding psychological assistance for the trauma that they endure as a result of sexual violence. If Indonesian lawmakers passed this anti-sexual violence bill, then the criminalization of victims would be forbidden. Law enforcement officials would no longer be able to place blame on the victim or humiliate victims. Additionally, healthcare in Indonesia does not cover costs for medical treatment in cases of sexual assault. The government had excluded any treatment related to sexual violence cases through the Presidential Regulation No.82 in 2018. Not only does the government not want to help these victims, but they also want to deny them the medical attention and care that they desperately need and deserve. To this day, Indonesia charges perpetrators of sexual violence under the Criminal Code, which has not been sufficient enough to accommodate the need for security and freedom that various forms of sexual violence entail. Hope lays in the near future for victims of sexual violence should the Indonesian government decide to pass this crucial bill. However, for now, the livelihood and safety of many Indonesian women and girls lay in peril.
Researcher: Shriya Rudrashetty
Writer: Sumiya Miah
Editor: Victoria Lu
Sources:
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