Sexual Violence: Justice
and Legal Protection for Victims

Sexual violence against children is an extraordinary crime. That is why Indonesia amended the Child Protection Act through Law (No). 35/2014, which regulates the protection of children from sexual violence. Data released by the Ministry of Women Empowerment and Child Protection from January to July 2020 showed 2,556 children were victims of sexual violence. Data released by Komnas Perempuan in 2020 also states that 55% cases of violence experienced by women and girls are sexual violence cases.

Although there is a law regulating sexual violence against children, it does not reduce the number of violence against children. Based on the cases handled by Rumah Faye, there was a twofold increase in cases of violence against children compared to 2019. Many factors affect violence against children, namely poverty, low education levels, poor spatial planning, pandemics that cause people to stay in their homes, and other factors. 

Therefore, knowledge about sexual violence, providing protection for children from sexual violence, providing access to justice for victims are things that need to be known by all parties, be it children, families, communities, government, and law enforcement officers.

1. The 1945 Constitution
2. Presidential Decree No. 36 of 1990 concerning Ratification of the Convention on the Rights of the Child
3. Law (No). 11 of 2012 concerning Ratification of the Optional Protocol to the Convention of the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
4. Law (No). 7 of 1984 concerning the Elimination of All Forms of Discrimination Against Women (State Gazette of 1984 Number 29, Supplement to the State Gazette Number 3277)
5. Law (No). 39 of 1999 concerning Human Rights
6. Law (No). 23 of 2004 concerning the Elimination of Domestic Violence
7. Law 35 of 2014 concerning Child Protection
8. Law (No). 4 of 1979 concerning Child Welfare
9. Law (No). 11 of 2012 concerning the Juvenile Criminal Justice System
10. Law (No). 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection
11. Criminal Code (KUHP)

In implementing child protection, law enforcement, ensuring child victims of sexual violence get justice and remedies for victims; three laws are often used, namely:

1. Law (No). 35 of 2014 concerning child protection Article 1, Article 9, Article 15, Article 20, Article 22, Article 25, Article 26, Article 54, Article 59, Article 64, Article 71, Article 76, Article 81
2. KUHP Article 287, Article 288, Article 291 Article 289, Article 292, Article 293, Article 294, Article 295, Article 298

1. Law (No).23 of 2004 concerning Elimination of Domestic Violence Article 11, Article 12, Article 13, Article 14, Article 15, Article 27, Article 46, Article 47 and Article 48 of Law Number 23 of 2004
2. Law (No). 11 of 2011 concerning the Juvenile Criminal Justice System Article 18, Article 19

If a person becomes a victim of sexual violence, they can report the case to:

1. Indonesian National Police (POLSEK/POLRES/POLRESTA/POLDA)
   The police are law enforcement officers to receive case reports for later investigation and determine the perpetrators of sexual violence crimes continued at the attorney level to the court stage. The police will collect evidence, testimonies from victims and witnesses, arrest the perpetrators, and submit the case files to the prosecutor’s office.
   
   

Often victims are afraid to report directly to the police because of the trauma they experienced. Victims often feel ashamed, filthy, and worthless. Thus, the victims can report to the person or institution that the victim feels comfortable with. 

Therefore, in addition to the police, victims can report their cases to: 

1. Family
2. RT/RW
3. Integrated Service Center for Women Empowerment and Child Protection (P2TP2A)
4. Regional Child Supervision and Protection Commission (KPPAD)
5. Non-governmental organizations (NGOs) that focus on child protection issues

Every person or institution who knows or receives a report of a case of sexual violence, especially against children, is obliged to follow up on the report to law enforcement officers, in this case, the nearest police. 

Every child who is a victim of violence, especially sexual violence, has the right to get assistance so that their rights are guaranteed as children. P2TP2A and NGOs are often appointed to assist victims in making reports, examining the police, and giving testimony in court.

After the police determine the perpetrators and all the files have been deemed sufficient. So there are two institutions that are responsible for ensuring justice for victims, namely:

1. Attorney
   The attorney is tasked with examining all case files to ensure that all evidence, witness statements, victims, and perpetrators are in accordance with the articles imposed on the perpetrators. After everything is considered appropriate, the attorney will submit the file to the court for the trial process.
2. District Court
   The main task of the district court is to receive, examine, decide and settle cases in accordance with the applicable law. In cases of sexual violence against children, the district court must carry out the judicial process according to Law (No). 11 of 2011 by ensuring that the victim’s identity remains protected

1. The Office of Women Empowerment, Child Protection, Population Control and Family Planning (DP3AP2KB).
   It serves as a coordinator in the recovery reference mechanism for victims. DP3AP2KB conducts an assessment related to the needs of victims in recovery and then coordinates to the relevant offices/UPTD to provide services to victims such as providing emergency shelters or safe houses, psychologists, and fulfillment of other victims’ rights that need to be provided.
2. Integrated Service Center for Women and Children Empowerment (P2TP2A).
   Other than assisting victims in cases management, P2TP2A also gives services such as providing safe houses, shelters for victims, psychological and physical recovery support services. P2TP2A coordinates with DP3AP2KB on further recovery services needed by the victims. The needs for recovery are known by the victims assessment mechanism.
   
3. Non-governmental Organization.
   

   There are NGOs which focus on child protection and provide recovery services support for victims. The services that are provided could range from counselling, physical rehabilitation, safe houses, emergency shelters, educational scholarships for victims, to support for the social reintegration process.

1. Rights to get justice.
   Children who are victims of sexual violence have the right to get justice by ensuring that their cases are followed up. Everyone who knows and sees the violence experienced by the victim is obliged to inform law enforcement officials to take action against the perpetrator and ensure that the victim is protected. Law enforcement officers then follow up the case until the court process, then the perpetrators need to be punished for the violent acts they have committed.
   
   
2. Rights for protection.
   

   Every child who is a victim has the right to get protection from the law enforcement process that takes place, such as:

   • Identity protection of the victim, especially in the news in the mass media and the surrounding environment
   • Protection from threats that arise due to law enforcement of their cases
   • Protection and ensuring the victims to continue to get their other rights as children.
     
     
3. Rights for recovery.
   Children who are victims of sexual violence have the right to get recovery from the sexual violence they have experienced. Child victims of sexual violence often experience psychological and physical trauma. When the safety of children is not guaranteed during the law enforcement process, the government is obliged to provide full protection for victims and assistance in recovery due to the trauma they have experienced.
   

    

Often there is refusal from the victim’s family, neighbors or the local administrative officials (RT/RW) to report cases of sexual violence experienced by the victim for various reasons such as:

• The refusal to listen to the victim’s information needed to report sexual violences cases by the family or the surrounding community because they feel this is a family disgrace that needs not be told to other people, and the perpetrator is perceived as the backbone of the family’s economy.
• There are threats to victims and their families from those closest to the perpetrators to withdraw reports of the sexual violence that occurred.

While in the investigation process, the challenges that are often faced are:

• Lack of information from the victim’s/perpetrator’s family in providing information because there is a fear of threats because this case is continued at the police level
• Medical examination costs are sometimes charged to the victims
• Lack of budget provision for handling cases for victims, especially for those with special needs such as forensic psychology, professional child support workers, and food provisions for victims during the investigation process.
• There is still a lack of protection services for victims and witnesses from threats coming from the perpetrators’ families.

Although Indonesia already has various laws that guarantee the protection of victims, especially for recovery, the implementation of ensuring recovery still has many obstacles, including:

• Most of the safe houses or emergency shelters owned by the government at the city or district level only provide services for two weeks for the victim to stay. However, it is necessary to provide further longer services for the victim, especially if the perpetrator is a close relative such as a biological father or stepfather because there is a threat that the victim could be rejected by the family
• Lack of experts in the area, especially for psychologists who have experience in dealing with victims. In average, victims of sexual violence require intensive psychological services for at least six months to ensure that the victim can get through the trauma period.
• The threat of losing the right to education for victims, especially for victims who experience pregnancy, who often get rejected from school because pregnancy is considered a disgrace and is perceived as a bad influence for other students in the school.
• There is still a lack of economic empowerment support for victims’ families, especially for those cases in which the perpetrators are the backbone of the victim’s family.

Since 2016, Rumah Faye has handled 105 cases with 136 victims that were children and women. The majority who were accompanied by Rumah Faye were cases of sexual violence. In 2018, Rumah Faye accompanied an 11-year-old girl who was sexually abused by her stepfather for 4 years. At that time the victim’s condition was disheartening, she was physically assaulted, been given fish foods, and often was put in a dog’s cage. Due to the inhumane acts, the victim was malnourished, weighing only 10 kg. We helped the victim from assisting in the creation of the investigation report (Berita Acara Pemeriksaan / BAP) in the police office, recovery assistance by conducting routine counseling, providing psychiatric services, assisting in the trial, to post-recovery monitoring. For almost 8 months, Rumah Faye accompanied the victim in the Safe House until finally she was able to return to her family in peace without fear of threats from the perpetrator’s party/family.

On average, the victims of sexual violence that Faye’s house assisted were 4 to 16 years old and the perpetrators on average came from people closest to their families, such as biological fathers, stepfathers, and uncles. In addition to working closely with the police/investigators, we also frequently communicate directly with prosecutors who handle cases of victims in court and on average the perpetrators are sentenced to 12 to 18 years in prison. There are many challenges and obstacles that Rumah Faye experienced and felt in accompanying the case, such as stigma against the victim, rejection from families who sided with the perpetrator, threats from the perpetrator’s family, victims who dropped out of school, victims who experienced prolonged psychological disorders, and victims ostracized by society. Even so, Rumah Faye still stands firm to fight and to prevent violence against children and women.