8 March 2020 rally in Jakarta (credit JP/Wendra Ajistyatama)

It is not without reason that the presence of Law No. 12 of 2022 on Sexual Violence Criminal Acts (TPKS) represents hope for victims. Amidst a criminal justice system that lacks gender perspective, the TPKS Law exists to ensure that Law Enforcement Officers guarantee victims’ rights in every step and process of prosecution. Therefore, besides ensuring that victims feel safe and supported when reporting, the TPKS Law also guarantees that every step of management includes aspects of recovery. Additionally, the TPKS Law brings the spirit of change regarding power relation inequalities in society that cause sexual violence to occur. Therefore, the TPKS Law mandates the Government and relevant Ministries/Institutions to strengthen prevention, monitoring and coordination aspects so that cultural changes occur in society that are more victim-sensitive and can support them at every step needed.

Entering the third year of TPKS Law implementation, we observe that the above hopes are still difficult to realise. This difficulty is influenced by the slow arrival of derivative regulations that are desperately needed to accelerate implementation of this Law. Currently, only 4 out of 7 derivative regulations have been ratified. However, there is also still weak commitment to building multi-party synergy to strengthen the effectiveness of implementing this Law and ensuring victims receive justice.

Until now, not all regions have UPTD PPA (Regional Technical Implementation Units for Women and Child Protection). Yet this unit should be the coordinator and frontline in implementing integrated services in the regions. Article 76 of the TPKS Law states that Provincial and District/City Regional Governments are obliged to establish UPTD PPA. However, it appears the state does not prioritise development of these services, both in terms of facilities and infrastructure that consider the characteristics of each area (remote, island, mountainous areas, disaster-prone or conflict areas) and in terms of the capacity of human resources managing them.

Besides UPTD PPA, the formation of Sexual Violence Prevention and Management Task Forces (Satgas PPKS) as mandated by Ministerial-level policies following up the TPKS Law is also not well monitored. The need to conduct education about sexual violence as an important part of prevention aspects is often hampered by interests in chasing production targets. Outreach and management of sexual violence victims, influenced by gender power relation inequalities and work power relations, becomes difficult to implement. There is even intimidation and retaliation against Task Forces conducting victim assistance.

Law Enforcement Officers (LEOs) are also key actors in implementing the TPKS Law. In this regard, community-based service institutions note that besides limited investigators at police stations of the same gender as victims, the perspectives they possess are still challenging. One piece of evidence still frequently found is victim-blaming questions. The TPKS Law mentions that a series of Victim Rights from investigation to judicial processes demands understanding from Law Enforcement Officers themselves. In fact, many sexual violence cases are still found where Law Enforcement Officers in their management have not used TPKS with various arguments, one being those with the highest legal threats. This shows that understanding regarding the TPKS Law is still minimal. Even since the ratification of Presidential Regulation No. 09 of 2024 on Implementation of Education and Training for Sexual Violence Criminal Act Prevention and Management, it has not been implemented until now. This shows that the state has been negligent in pursuing comprehensive management for victims.

Demanding State Commitment to Strengthen TPKS Law Implementation

To realise more effective TPKS Law implementation, we demand the government, Parliament, and related institutions to:

Accelerate Ratification of Implementation Regulations: The Government needs to accelerate ratification of all remaining TPKS Law implementation regulations to provide stronger legal foundations for field implementation.

Strengthen Integrated Services:
– The Government needs to ensure UPTD PPA establishment in all regions and strengthen their capacity in providing comprehensive and integrated services for victims.
– Services provided must include physical, psychological, social, and legal aspects, and be responsive to victims’ specific needs (disabilities, victims with AIDS/HIV, sex workers, gender minorities, disaster-prone or conflict-prone areas, etc.).

Increase Capacity of Law Enforcement Officers, government service personnel, and service personnel at community-based service provider institutions:
– The Government must immediately provide continuous training to Law Enforcement Officers, government service personnel, and service personnel at community-based service provider institutions to improve their understanding of the TPKS Law, victim perspectives, and sensitive and effective sexual violence case management.

Develop Prevention Mechanisms:
– The Government needs to develop and implement comprehensive sexual violence prevention programmes involving various parties, including educational institutions, the workplace, and civil society.
– Community-based complaint mechanisms need to be supported and strengthened to facilitate victim access to services.

Improve Coordination and Synergy:
– The Government needs to build more effective coordination and synergy between various related parties, including government institutions, service institutions, civil society organisations, and the private sector.
– This coordination is important to ensure integrated and comprehensive case management, and to prevent secondary victimisation of victims.

Transparent and Accountable Implementation Reporting:
– The Government needs to submit TPKS Law implementation reports to Parliament and society transparently and accountably.
– Reports must include disaggregated data, in-depth analysis, and recommendations for further improvement.

Increase Public Awareness:
– Government and civil society need to work together to increase public awareness about the TPKS Law, victim rights, and the importance of reporting and managing sexual violence cases.
– Effective and inclusive public campaigns need to be conducted to change social and cultural norms that support sexual violence victims.

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The Perempuan Mahardhika Organisation fights for women’s freedom from all forms of violence and discrimination from oppressive culture and poverty.