Victims of Sexual Violence Have the Right to Compensation

Jakarta, IDN Times – The rise of cases of sexual violence against women and children in the community, such as the rape of 13 female students at a Bandung Islamic boarding school, has brought the government’s attention to prioritize law enforcement efforts.

According to the Deputy for Special Child Protection at the Ministry of Women’s Empowerment and Child Protection (KemenPPPA) Nahar, in addition to imposing maximum criminal penalties and additional penalties on perpetrators, victims must also be considered by fulfilling their rights such as getting compensation or restitution.

Nahar emphasized that the main punishment should not be carried out, but that the fine should not be paid and replaced with a subsidiary sentence of imprisonment.

“I think the problem has not been resolved because there are victims as a result of the sexual violence incident. So, we must anticipate that this incident will not have an impact on the growth of new crimes due to our imperfection in paying attention to the obligations of the perpetrator and the interests of the victim,” he said in a Media Talk with the theme ‘Threats’ Criminal Perpetrators of Sexual Violence and Victims’ Rights’, quoted on Monday (7/3/2022).

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1. The main reference for the execution of crimes of sexual violence should refer to the Act

KemenPPPA: Victims of Sexual Violence have the Right to CompensationHerry Wirawan, the rapist of 12 female students in Bandung (documents by the West Java Attorney General’s Office)

Nahar said, the main reference in executing crimes of sexual violence against children in Indonesia is Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. Act.

“In the law, the highest criminal threat is the death penalty if the case falls into the category of sexual intercourse and the victim is more than one person. In addition, there is a one-third weighting of the punishment for certain cases, for example sexual violence is perpetrated by people closest to the victim, such as parents, educators, education staff, officers who handle child protection, caregivers, and guardians,” said Nahar.

2. KemenPPPA ensures that the articles used since the investigation process must be correct

KemenPPPA: Victims of Sexual Violence have the Right to CompensationKemenPPPA visit to pedophile victims from Padang | Deputy for Child Protection, Nahar visited TR at Dr Cipto Mangunkusumo Hospital Tuesday (3/11). (Doc. Public Relations KemenPPPA)

With the rise of cases of sexual violence against women and children, Nahar explained, KemenPPPA always carries out intense coordination when there are cases that occur.

“We always open communication with the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) and the PPPA Service, which are usually already connected with APH in the regions,” he said.

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Through this coordination, his party discusses matters that need to be watched out for in the first-level judicial process. In this case, the articles used since the investigation process must be correct.

3. The government’s strategy to handle cases of sexual violence that occurred

KemenPPPA: Victims of Sexual Violence have the Right to Compensation15 Forms of Sexual Violence According to Komnas Perempuan (IDN Times/Aditya Pratama)

Nahar said that KemenPPPA has carried out various strategies to deal with cases of sexual violence that occurred in Indonesia, ranging from prevention, handling, to institutional strengthening.

“This is a strategy that we never stop doing. One of the prevention efforts is to build a Child Friendly Regency/City (KLA) system, for example the case of sexual violence by a father against his child in Depok, West Java. Regencies/cities that have not received awards and those that have received awards will have different ways of dealing with cases like this. It could even be a district/city that does not yet have a KLA status, the handling will be slower,” said Nahar.

KemenPPPA also has a service for Friends of Women and Children (SAPA) 129 which can be contacted by the community through call center 129 or Whatsapp 08111-129-129. In addition, there are UPTD PPA in 33 provinces and other service units.

4. Law enforcers must have an understanding of the fulfillment and protection of children

KemenPPPA: Victims of Sexual Violence have the Right to CompensationIllustration of sexual violence against women (IDN Times/Arief Rahmat)

He explained that in the future the handling of UPTD PPA will be integrated and integrated in terms of health, social rehabilitation, legal assistance, psychosocial assistance, and so on.

According to Nahar, institutional strengthening related to handling cases of sexual violence is not enough with regulations or complete infrastructure.

However, law enforcement officers must also have an understanding regarding the fulfillment and protection of children.

“If not, it is possible that the article that will be used is the article in the Criminal Code (KUHP), not referring to the article on special protection for children. Because when using general standards, it will always refer to the Criminal Code. Even though there have been several policy changes that have given more attention to victims,” ​​said Nahar.

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