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Jakarta Post

‘#JusticeForAudrey’: Does the state really side with the victim?

Bullying — physical and verbal intimidation — and violence are not merely playground scuffles

Ida Ayu Prasastiasih Dewi (The Jakarta Post)
Jakarta
Thu, April 18, 2019

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‘#JusticeForAudrey’: Does the state really side with the victim?

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ullying — physical and verbal intimidation — and violence are not merely playground scuffles. The violence and the imbalance of power between victims and perpetrators becomes a time bomb if they are not addressed immediately and thoroughly.

Many studies have shown that victims of bullying can potentially experience lifelong mental health problems such as depression and anxiety, while bullies can continue with their aggressive and delinquent behavior.

Today, we are again seeing bullying cases that involve underage victims and perpetrators. We are faced with the dilemma of enforcing the law and Law No. 35/2014 on child protection.

An outraged and shocked public has demanded law enforcement agencies and other institutions to ignore the perpetrators’ age to ensure “justice for Audrey”, the latest victim in Pontianak, West Kalimantan, who is being treated for severe injuries she suffered when she was assaulted and tortured by fellow high school students.

A petition to punish the perpetrators, reportedly all girls, has garnered over 4.5 million signatures, surpassing the original target of just 400,000 signatures. Those who signed the petition were furious about the perpetrators’ apparent disregard for the victim’s pain.

In 2017, we were also shocked by the junior high school students who tortured a fellow student at Thamrin City shopping center, in the heart of the capital. That same year, cases of bullying of ethnic, racial and religious minorities also occurred among adults in Jakarta.

Elementary school children reportedly bullied a classmate who they thought resembled imprisoned former Jakarta governor Basuki “Ahok” Tjahaja Purnama, who was convicted for blasphemy following massive public pressure.

In 2018, an elementary school student in Kediri, East Java, was also bullied and sustained severe head injuries. None of these horrible cases ended with any deterrent effect for the perpetrators, because they were settled through peaceful “reconciliation” and noncriminal punishments.


This is a grave problem for the future of this nation’s generation, far beyond the general election.


This is why #JusticeForAudrey demands that the law be upheld to redress mental and physical damage Audrey has sustained, as well as the trauma her family is going through, not to mention the other bullying victims who have remained silent, likely out of fear.

The law on child protection obliges the local government and relevant institutions to immediately provide protection to children who have experienced physical or mental abuse.

The 2012 law on the juvenile justice system also stresses that all legal cases involving children must prioritize their interests.

However, articles 5 and 6 of this law lean toward restorative justice and diversion, emphasizing settling conflicts in a familial manner and focusing on recovery, not justice through legal punishments. This law seems to prioritize a peaceful settlement rather than providing a deterrent effect for the perpetrators, and thus seems to underestimate bullying.

To end legal vagueness, it is time for a new policy and a legal umbrella on bullying that prioritizes overcoming all forms of bullying. This could begin with handing down legal punishments to the perpetrators of bullying to firmly show them that what they have done is wrong and a violation of the law. There are at least three urgent factors here.

First, raise public awareness that bullying is a serious problem that has a terrible impact on the victims’ future.

Second, develop a much-improved policy on bullying as a reference for related institutions to provide justice, not just reconciliation between the victims and perpetrators and hope that the victim’s mental injury from bullying can heal over time.

Third, the new policy on bullying would provide a foundation to improve school services to ensure that students are protected from potential bullying, as well as to make parents aware that educating children is the responsibility not only of formal institutions, but also of parents at home and in the family environment, to nip bullying in the bud.

This is a grave problem for the future of this nation’s generation, far beyond the general election. The state has the opportunity at least to stop the dark cycle of bullying.

Guarantee protection and assistance to help the victims of bullying to heal, and take firm action against the perpetrators. This country is not a place for delinquent kids who can do whatever they want to their peers.

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The writer is pursuing a master’s at the School of Government and Public Policy-Indonesia.

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