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Stop prosecuting sex trafficking victims: Activists lambaste Gerindra lawmaker

Rights activists have urged the West Sumatra Police to stop their legal process against NN, a sex worker currently facing criminal charges after allegedly being entrapped by a lawmaker from the Gerindra Party, Andre Rosiade, in a hotel room in Padang last month, pointing out that the she is actually a victim of unaddressed human trafficking in Indonesia

Ivany Atina Arbi and Apriza Pinandita (The Jakarta Post)
Jakarta
Tue, February 18, 2020

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Stop prosecuting sex trafficking victims: Activists lambaste Gerindra lawmaker

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ights activists have urged the West Sumatra Police to stop their legal process against NN, a sex worker currently facing criminal charges after allegedly being entrapped by a lawmaker from the Gerindra Party, Andre Rosiade, in a hotel room in Padang last month, pointing out that the she is actually a victim of unaddressed human trafficking in Indonesia.

The director of the Padang Legal Aid Institute (LBH Padang), Wendra Rona Putra, who represents NN in the case, explained that the 27-year-old single mother was involved in prostitution because she struggled to make a living to support her 2-year-old child in a city far from her home in West Java.

"NN moved to Padang with her aunt to avoid her abusive partner and eventually became a sex worker to make ends meet," Wendra said recently.

He added that NN did not work alone, but had a manager, aka a pimp, who had allegedly recruited her and offered her to customers.

Law enforcers, therefore, should focus more on arresting the sex worker providers and sex buyers to curb prostitution, rather than targeting the sex workers who were merely the objects of the sexual transactions,
Wendra said.

Dinna Wisnu from the Human Trafficking Eradication Network said separately that authorities had the obligation to protect trafficked women and children and not prosecute them.

A 2007 law on human trafficking eradication, in fact, recognizes sex workers as victims who suffer psychologically, physically, sexually, financially and socially because of human trafficking. Hence, Dinna said, such women should never be prosecuted.

"What the lawmaker and law enforcers did to [NN and other women arrested for being sex workers] was against the law," said Dinna, who further called on the Indonesian Ombudsman to reprimand the House of Representatives, Gerindra and the National Police for their misconception of sex workers.

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"What the lawmaker and law enforcers did to [NN and other women arrested for being sex workers] was against the law."

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She also urged the House's ethics council to impose severe sanctions against Andre for violating the 2007 law.

The lawmaker, who made a working visit to Padang in late January, reportedly set a trap for an online-based sex worker in a Padang hotel room to reveal publicly that the practice existed in the city.

He allegedly asked someone to order a sex worker through an online service and he provided a hotel room for them.

The chairman of Gerindra's West Sumatra Representatives Council later informed the police about the transaction, which resulted in NN's arrest. The police, however, did not arrest the client, who, NN claimed, had sexual intercourse with her.

The police eventually suspended NN's detention on her family's guarantee, but still proceeded with the legal process.

"She has to report to us twice a week," said West Sumatra Police spokesman Sr. Comr. Stefanus Satake Bayu Setianto last week, as reported by Antara.

NN was charged under Article 27, paragraph 1 of the Electronic Information and Transactions (ITE) Law about distributing electronic information that violates decency, which carries a maximum of six years' imprisonment and a Rp 1 billion (US$73,016) fine upon conviction.

The charges used against NN were also criticized by activists, who claimed they were improperly used against her as there were no specific laws governing online prostitution.

Wendra from the LBH Padang argued that the ITE Law did not comprehensively regulate online prostitution. Thus, he said the use of the ITE Law in NN's case was wrong on many levels.

A member of the House's ethics council, Arteria Dahlan, said the council would soon summon Andre and hear his testimony regarding the case. He suggested the raid was a form of "abuse of power" by the lawmaker.

Meanwhile, Gerindra secretary-general Ahmad Muzani said the party had determined that Andre had not committed any misconduct related to the raid in Padang. The decision was taken after the party demanded Andre clarify his involvement in the case.

"We found that Andre did not commit any violation, either as a lawmaker representing West Sumatra or as a party official," Ahmad said on Sunday as reported by tribunnews.com.

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