The Urgency of the Pungkas Bill as a Legal Protection

The Pungkas Bill is the answer to the complex cases of sexual violence that continue to occur in Indonesia. This Final Bill has at least five objectives, namely (1) ensuring the implementation of the state’s obligation to protect citizens, especially women from sexual violence; (2) to prevent sexual violence; (3) fulfill a sense of justice for victims, victims’ families and society; (4) establishing a system of handling, protection and recovery for victims of sexual violence; (5) encouraging the role of the family, community participation, and corporate responsibility in creating an environment free of sexual violence (Siti Aminah Tardi, 2020).

Pungkas Bill has six main advantages. First, prevention. Prevention is needed to eliminate or reduce the chance of sexual violence occurring and to ensure that sexual violence does not occur. The forms of prevention regulated by Pungkas Bill cover various sectors, such as infrastructure, services and spatial planning, education, governance of government institutions, economy, social and culture. Second, criminalizing the nine types of sexual violence as previously described. Third, there are criminal provisions in the form of principal and special crimes. The main crimes include imprisonment, social work and special rehabilitation. This special rehabilitation is intended for two categories of perpetrators of sexual violence, namely children under 14 years of age or perpetrators of non-physical sexual harassment. The aim is to fix the root causes of sexual violence so that cases do not occur again. Fourth, the specificity of criminal procedural law on five aspects, namely evidence, attitudes of law enforcement officials, remedies, prohibition of criminalizing victims and victim assistance. Fifth, recovery. As a special law or Lex Specialis, Pungkas Bill regulates the recovery of victims, both before and during the judicial process and after the trial process. Sixth, monitoring which aims to monitor the series of efforts to achieve Pungkas Bill (6 Advantages of the Draft Bill on the Elimination of Sexual Violence; Siti Aminah Tardi, 2020).

These six key elements are the basis for managing the upstream and downstream issues of sexual violence. That is why it is important that Pungkas Bill be passed immediately. However, pushing for the interests of victims of sexual violence by pushing for the ratification of Pungkas Bill is not easy. The ratification of the Pungkas Bill tends to be tortuous and go through a long journey.


Pros and Cons of the Pungkas Bill

National Commision on Violence Against Womenn together with civil society networks since 2014 have proposed the importance of a comprehensive legal protection on the elimination of sexual violence. Then the Pungkas Bill was included in the Priority National Legislation Program (Priority Prolegnas) 2016. However, in June 2020, the Indonesian Parliament issued the Pungkas Bill of the 2020 Priority Bill on the grounds of difficult discussion (Siti Aminah Tardi, 2020;, 2020). In 2021, Pungkas Bill will again be included in the list of Priority Prolegnas 2021.

The long and winding journey of Pungkas Bill is getting more complicated when there are pros and cons in society. The parties who refuse assume that Pungkas Bill is not in accordance with religious norms, legalizing adultery, abortion, and lesbian, gay, bisexual, and transgender (LGBT) groups. The Indonesian Love Family Alliance (AILA) is an organization that has rejected the Pungkas Bill from the start. Meanwhile, in parliament, member of Commission VIII from the Prosperous Justice Party faction, Iqbal Romzi, for example, questioned the crime against sexual violence in the form of rape in marriage. He related it to the religious proposition that wives are obliged to serve their husbands (, 2020).

Responding to those who opposed the ratification of Pungkas Bill, National Comission on Violence Against Women  and other women’s organizations did not remain silent. In an interview, National Commission on Violence Against WomenCommissioner, Imam Nakhei emphasized that the Pungkas Bill was not made to legalize adultery to LGBT. He said the Pungkas Bill would specifically deal with sexual violence cases. Furthermore, it was explained that the Pungkas Bill was a draft law that was Lex Specialis for sexual violence. So for adultery it is not regulated because it is already in the Criminal Code. The aspect that is seen is the fulfillment of victims ‘needs and the fulfillment of victims’ rights. This is not the context for wanting to legalize adultery or LGBT (, 2019).

The Indonesian Women’s Ulama Congress (KUPI) also took a stand to provide views regarding the elimination of sexual violence from an Islamic perspective. The results of the KUPI religious deliberation confirmed that the law of sexual violence in all its forms is haram, both outside and inside of marriage. The prohibition of acts of sexual violence is because humans are creatures that are glorified by Allah Almighty and because of that they must be noble and protect the honor and dignity of their humanity (Official Document of the Process and Results of the Indonesian Women’s Ulama Congress, 2017). In the pocket book Questions and Answers Regarding the Pungkas Bill from the View of KUPI (2020), it is also stated that Islam strongly opposes the practice of violence in any form, including the practice of sexual violence. Because sexual violence is a crime and injustice that causes ugliness and physical and psychological damage to the victims. As for the context of coercion of sexual relations between husbands and wives (marital rape), it is explained that coercion of sexual relations in marriage, both by husband to wife, and vice versa, is a form of sexual violence. In principle, such coercion is something that is not justified in Islamic law principles.

The various efforts that have been made to encourage the ratification of the Pungkas Bill must continue to be voiced. This is important to answer all doubts and hoaxes about Pungkas Bill. Even though Pungkas Bill has been included in the list of Priority Prolegnas 2021, the support of all elements of civil society is still needed to push the interests of victims of sexual violence. Let’s guard it until it’s legal!

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