CHALLENGES TO THE ENACTMENT OF THE ELIMINATION OF SEXUAL VIOLENCE BILL

Authors

  • Nina Nurmila Universitas Islam Negeri (UIN) Sunan Gunung Djati Bandung

DOI:

https://doi.org/10.30983/humanisme.v3i2.2557

Keywords:

Komnas Perempuan, Elimination of Sexual Violence Bill (Rancangan Undang-Undang Penghapusan Kekerasan Seksual/RUU P-KS), sexual violence, Kitab Undang-Undang Hukum Pidana (KUHP).

Abstract

Indonesia currently has only one criminal law, Kitab Undang-Undang Hukum Pidana (KUHP), which was enacted and inherited from our colonial government. There has been an effort to amend this law but up until now the amendment of this law is not enacted yet. In this law, there are only two types of sexual violence which have legal protection: rape and sexual molestation (pencabulan), while in the current reality, based on the reported cases to partners of Komnas Perempuan from 2001-2011, there are 15 types of sexual violence; and the number of sexual violence cases has been increasing. As a result, it is difficult for victims of the 15 types of sexual violence to have legal protection. This shows the existing hole in the lex generalis KUHP, which needs to be filled in by lex specialis law which specifically addresses sexual violence. Based on the need for legal protection for victims of various types of sexual violence and to protect women’s human rights, Komnas Perempuan and her partners have drafted the Elimination of Sexual Violence Bill since 2014. This Bill has become one of the priorities of the national legislation program since 2016, after the incidence of a gang rape to a school age child in Bengkulu. However, up until the end of September 2019, this Bill was not enacted yet. In addition, there has been currently opposition to this Bill from the conservative group, accusing that this Bill legalizes zina (extra marital sexual relationship) and LGBT.  This paper aims at elaborating the background, aims, contents and challenges to the enactment of the Elimination of Sexual Violence Bill. I will argue that this Bill offers both procedural and substantive justice for women and the marginalized groups, the majority victims of sexual violence.

Author Biography

Nina Nurmila, Universitas Islam Negeri (UIN) Sunan Gunung Djati Bandung

Nina Nurmila is a Professor of  Gender and Islamic Studies at the State Islamic University (UIN) Bandung. Her PhD on Gender and Islamic Studies was from University of Melbourne (2007). She was a Fulbright Visiting Researcher at Temple University, Philadelphia, USA (2000), Endeavour Postdoctoral Research Fellow at University of Technology, Sydney (2008), Fulbright Visiting Professor of Islamic Studies at University of Redlands, California, USA (2008-9). She was also a Visiting Research Fellow at the University of Western Sydney (2013) and University van Amsterdam (2015). Nina is the author of Women, Islam and Everyday Life: Renegotiating Polygamy in Indonesia (London; New York: Routledge, 2009&2011). She wrote several articles on gender and Islam in the international journals and book chapters published for example at Routledge (London& New York), Brill (the Netherlands), University of Amsterdam Press (the Netherlands) and Demeter (Canada).

References

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Azriana (2019). “Urgensi Aksi Kolaborasi dalam Advokasi Rancangan Undang-Undang Penghapusan Kekerasan Seksual (RUU P-KS)â€, power point presented at Komnas Perempuan’s meeting with Forum Pengada Layanan on 16 May 2019.

Badan Pusat Statistik (2016) Statistik Indonesia Statistical Yearbook of Indonesia 2016. https://www.bps.go.id/publication/2016/06/29/7aa1e8f93b4148234a9b4bc3/statistik-indonesia-2016.html, accessed 16 May 2019.

Dewan Perwakilan Rakyat (2017). “Rancangan Undang-Undang Republik Indonesia tentang Penghapusan Kekerasan Seksualâ€, http://www.dpr.go.id/doksileg/proses2/RJ2-20170201-043128-3029.pdf, accessed 7 July 2019.

Diani, Hera (2016). “What you need to know about Anti-Sexual Violence Billâ€, https://magdalene.co/story/what-you-need-to-know-about-anti-sexual-violence-bill, accessed 28 June 2019.

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Wahyuningrum, Rima (2018). “Ini alasan terdakwa arak pasangan kekasih yang dituduh mesum di Cikupaâ€, Kompas 4 April, https://megapolitan.kompas.com/read/2018/04/04/06384681/ini-alasan-terdakwa-arak-pasangan-kekasih-yang-dituduh-mesum-di-cikupa?page=all, diakses 2 Juli 2019

Wicaksana, Dio Ashar (2019) “Catatan Tindak Pidana di dalam RKUHPâ€, power point presentation presented on 8 July 2019 in Sari Pacific Hotel, Jakarta.

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Submitted

2019-11-28

Accepted

2019-12-19

Published

2019-12-19

Issue

Vol. 3 No. 2 (2019): December 2019

Section

Articles

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