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State ‘neglects’ sexual violence: Activists

The rape and murder of a female pastoral candidate in Ogan Komering Ilir regency in South Sumatra is part of a long list of sexual violence cases that a leading lawyer said reflects “state neglect”, robbing victims across the country of their redress

Ati Nurbaiti (The Jakarta Post)
Jakarta
Sat, April 6, 2019

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State ‘neglects’ sexual violence: Activists

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span>The rape and murder of a female pastoral candidate in Ogan Komering Ilir regency in South Sumatra is part of a long list of sexual violence cases that a leading lawyer said reflects “state neglect”, robbing victims across the country of their redress.

Speaking at a recent public discussion on the issue, Indonesian Legal Foundation (YLBHI) chairwoman Asfinawati said that with the government having ratified the international conventions on human rights, “the world will ask Indonesia, what have you done to address sexual violence?”

In international forums, the answer would be, “Oh, we have no law on that,” she added.

Lawyers and a psychologist emphasized the lifelong trauma of survivors and also the right to safety for those who live near areas where sexual violence has occurred. Following the alleged rape and murder of a preacher identified only as MZ last month after shopping at a local market, “who would dare pass the area?” Asfinawati said.

MZ was found dead in a local oil palm plantation late last month. She had allegedly been sexually assaulted then killed by two plantation workers.

South Sumatra Police investigators suspect that the murder was premeditated, allegedly motivated by personal grudge held by one of the suspects.

A recent discussion was held by the ProWomen National Legislation Network (JKP3), the Indonesian Women’s Political Caucus (KPPI) and the Onward Indonesian Women (MPI) coalition as part of efforts to push for the sexual violence bill.

Activists hope the bill can be passed into law before the end of the current term of the House of Representatives.

However, lawmaker Rahayu Saraswati Djojohadikusmo of the Gerindra Party said deliberations had not even started as lawmakers were focusing on their campaigns ahead of the presidential and legislative election this month.

Without a specific law, victims of sexual violence have been turned away by lawyers and police, lawyers have said, as victims could not prove they had experienced physical intimidation or penetration, as required by the existing Criminal Code (KUHP).

Ratna Batara Munti of the JKP3 and the Association of Indonesian Women for Justice (APIK) pointed to victims who were not physically intimidated, such as those molested and raped by family members, victims who were mentally handicapped, employees threatened by employers and students fearing a failing grade from academic supervisors.

Most victims willing to seek redress usually see their abusers face mild punishments for “indecent behavior”, the lawyers said.

Psychologist Vitria Lazzarini said victims were often asked why it had taken them so long to report their sexual assault, why they had not resisted the advances and why acts of harassment, molesting and rape could occur repeatedly if the acts were unwanted.

She said one of her teenage clients suffered recurring flashbacks and trauma even though her stepfather had attempted to rape her once, sleeping “only an hour” each night for years for fear he would enter her room.

Victims like her client had not resisted as they “froze in the most primitive reaction to fear”.

Congress of the Indonesian Women Ulema (KUPI) chairwoman Badriyah Fayumi voiced KUPI’s support of the sexual violence bill. In its first congress in 2017, KUPI had issued three fatwas, including that “sexual violence within and outside marriage is haram” and child marriage should be avoided.

Critics of the sexual violence bill have based their arguments on misleading information, Badriyah said, with many claiming that the bill “would shatter family resilience” because it could punish men accused of raping their wives. Certain Islamic teachings say women must follow their husband’s wishes or face the threat of hell.

The Islamic ideal of marriage based on sakinah (tranquility, love and mercy) can never be achieved, she said, if it involved sexual violence. Islam contains the “prophetic mission” to bring blessings to the universe, including ending various forms of violence such as sexual exploitation of women, Badriyah added.

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