So far, two out of seven implementing regulations of the Sexual Violence Crime Law (TPKS Law) have been signed by President Joko Widodo (Jokowi) and ratified.
The first is Presidential Regulation Number 9 of 2024 on Implementation of Education and Training for the Prevention and Handling of Sexual Violence Crime that was approved on January 23, 2024.
The second, which is the latest one, is Presidential Regulation Number 55 of 2024 on the Regional Technical Implementation Unit for the Protection of Women and Children that was approved on April 22, 2024, a day after the commemoration of Kartini Day.
Meanwhile, the five implementing regulations that have yet to be approved include the Draft Government Regulation concerning Prevention of Sexual Violence Crime and Handling, Protection and Recovery of Sexual Violence Crime Victims.
The second is the Draft Government Regulation concerning the Coordination and Monitoring of the Implementation of Prevention and Handling of Sexual Violence Crime Victims.
Also awaiting approval is the Draft Presidential Regulation on the Implementation of Integrated Services in Handling, Protection, and Recovery at the Central Level and a Draft Presidential Regulation on the National Policy for Eradicating Sexual Violence Crime.
These four draft regulations are still pending approval at the State Secretary Ministry.
Meanwhile, the other one -- the Draft Presidential Regulation on Assistance Funds for Sexual Violence Crime Victims -- is at the stage of harmonization at the Ministry of Law and Human Rights.
TPKS Law
Based on Article 91, Paragraph 2 of the TPKS Law, implementing regulations for the TPKS Law must be approved no later than two years from the ratification, in this case, May 9, 2024.
Indeed, there are no consequences or sanctions regulated explicitly in the law if the implementing regulations are not approved in accordance with the deadline.
The Ministry of Women's Empowerment and Child Protection stated that it had completed all the tasks to create the implementing regulations of the TPKS Law.
Deputy for the Protection of Women's Rights Ratna Susianawati underscored that the five implementing regulations would soon be approved.
The approval of the implementing regulations is a matter of serious concern for the Ministry of Women's Empowerment and Child Protection and women and child activists.
Going forward, the Ministry of Women's Empowerment and Child Protection will prepare ministerial regulations as derivative regulations of the presidential regulations.
In fact, there is no reason why the TPKS Law cannot be implemented because if a law has been enacted, then all Indonesian people are obligated to know about it and obey it.
Thus, after its ratification, law enforcement officials must refer to the law, which is lex specialis in nature, and regulates sanctions for graviora delicta crimes or serious crimes.
However, again, the absence of implementing regulations as technical guidance creates various doubts among law enforcement officials about implementing the rules in the TPKS Law.
The possibility of differences in understanding and interpretation had resulted in this law not being implemented thoroughly by law enforcers.
Presidential Regulation Number 55 of 2024 on the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) is a reference for regional governments to fulfill the rights of violence victims that must be followed up by referral services at the provincial, district, and city levels.
Victims must not be burdened by bureaucratic matters. Back then, before the TPKS Law existed, victims in need of health services had to visit a hospital.
After the UPTD Presidential Regulation came into existence, officers are required to visit victims to ensure they do not experience fatigue and do not face repetitive grilling on the same questions that can cause trauma and repeated violence.
With the presence of the presidential regulation, Regional Technical Implementation Units for the Protection of Women and Children that have been established should adjust their tasks and functions in accordance with the mandate of the TPKS Law in two years since the ratification of the law.
Meanwhile, regions not having established the unit should do the needful at most three years since the law is ratified.
Hope from women activists
Director of the West Java Legal Aid Foundation of the Indonesian Women's Association for Justice (LBH APIK) Ratna Batara Munti expressed hope that the five implementing regulations would soon be approved to accelerate the implementation of the TPKS Law.
This is deemed necessary because the longer it takes for implementing regulations to be approved, greater the time it will take for victims to get the justice they hope for.
Her side drew attention to incidents of delayed justice in the efforts to handle cases of sexual violence, as law enforcement officers do not implement the TPKS Law, for instance, due to hindrances in terms of evidence.
In fact, the evidence only requires one victim witness statement in addition to one other piece of evidence, which does not need to be in the form of visum et repertum but can also be in the form of a result of a test with a psychologist.
The National Commission on Violence against Women (Komnas Perempuan) also expressed hope that the five implementing regulations of the TPKS Law would be approved soon by May 9, 2024.
"Of course, we hope that these five implementing regulations can be approved or signed by the president because the TPKS Law mandates that implementing regulations must be available no later than two years after the law is passed on May 9, 2022," Chair of the Law and Policy Reform Subcommittee of Komnas Perempuan Siti Aminah Tardi stated.
The government is urged to immediately approve the five implementing regulations of the TPKS Law as a form of its commitment to eliminating sexual violence and protecting sexual violence victims.
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Editor: Rahmad Nasution
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