Urgent, Improving the Evidence System for Sexual Violence Cases

The National Commission on Violence against Women (Komnas Perempuan) emphasized that the initial response to the case of alleged sexual violence against three children in East Luwu, South Sulawesi showed the urgent need to improve the evidence system for cases of sexual violence.

The National Commission on Violence against Women (Komnas Perempuan) emphasizes that the handling of cases of alleged sexual violence against three children in East Luwu needs to be carried out comprehensively; prioritizing the fulfillment of victims’ rights to justice and recovery, as well as from the perspective of children, women and persons with disabilities. Komnas Perempuan also called for the importance of stopping the criminalization of reporters and media reporting on citizens’ efforts to fight for justice for women and children.

Goddess Kanti.  (Photo: Courtesy/Komnas Perempuan)

Goddess Kanti. (Photo: Courtesy/Komnas Perempuan)

“From the East Luwu case, there is an urgent urgency, yes. The Ministry of urgency will improve the evidence system for cases of sexual violence to achieve justice and recovery for victims,” ​​said Komnas Perempuan Commissioner, Dewi Kanti at the Komnas Perempuan Brush Statement Press Conference on allegations of sexual violence against 3 children in East Luwu, South Sulawesi. /10).

This was conveyed by Komnas Perempuan in response to the development of cases of alleged sexual violence against 3 children in East Luwu, 2 of whom were girls. At the urging of the community, the police have published a Model A report to investigate the case between October 25-31 2019. Public pressure emerged after in early October 2021, Project Multatuli.org published an article entitled “My Three Children Was Raped, I Reported to the Police, Police Stop Investigation” of sexual violence against three children in East Luwu.

Komnas Perempuan’s Findings

In its statement of position, Komnas Perempuan observed that there was evidence that was not considered. During the initial investigation, the doctor who examined and treated the three children with suspected physical injuries related to sexual violence was not questioned as an expert.

“Similarly, the results of this investigation do not use the assessment results from the South Sulawesi P2TP2A (Integrated Service Center for Women and Children Empowerment) in Makassar as evidence, even though in the results of this assessment the victims consistently tell and reinforce each other what they experienced. , by their father and two others. Information like this should be optimized so that the case is clearer,” said the Head of the Sub-Commission on Law and Policy Reform of Komnas Perempuan, Siti Aminah Tardi.

According to Siti Aminah Tardi, the evidence system regulated in the Criminal Procedure Code (KUHAP) is the main obstacle for victims to get justice. Article 185 Paragraph states that statements from witnesses who are not sworn in, even though they are in accordance with one another, are not evidence, but if the information is in accordance with the testimony of witnesses who are sworn in, it can be used as additional legal evidence.

Illustration of the urge to eliminate sexual violence against women.  (Photo: Mouab/Sasmito Madrim)

Illustration of the urge to eliminate sexual violence against women. (Photo: Mouab/Sasmito Madrim)

Whereas what is meant by statements from witnesses who are not sworn in are children who are not yet fifteen years old and have never been married; and people who are mentally ill or mentally ill even though sometimes their memory is good again

“In this case, the statement of the child victim one, child victim two and child victim three because he was under 15 years old he was not sworn in because then normatively it could be said that there was no witness testimony,” said Siti. He added that the testimony of an adult witness, namely the victim’s mother, based on a psychiatrist’s examination when examined, found symptoms in the form of delusions which are part of mental disability, which by itself cannot be sworn in.

The Importance of Reforming the Criminal Procedure Code

Siti emphasized that the obstacles experienced in this case illustrate the importance of reforming the criminal procedure law, especially proving cases of sexual violence. This reform can be regulated in the Bill on the Crime of Sexual Violence (RUU TPKS), which guarantees that the testimony of victims or witnesses of persons with disabilities has the same legal force as the statements of victims or non-disabled witnesses, and the provisions of witnesses who are not sworn in in the Criminal Procedure Code are excluded from the statements of victims. or witnesses of children and/or persons with disabilities.

Komnas Perempuan urges the Indonesian House of Representatives and the Government to immediately discuss and ratify the Bill on the Elimination of Sexual Violence by ensuring legal breakthroughs in terms of evidence, including by using lessons learned from the East Luwu case.

Komnas Perempuan mentions that cases of sexual violence against girls (KTAP) in Komnas Perempuan’s Annual Records (CATAHU) are always in the top three for domestic violence. In 2020, cases of sexual violence against girls reached 954 cases, including incest and sexual violence against girls. This shows that women from the age of children are in unsafe situations in their lives, even by those closest to them. Sexual violence in the family sphere has a distinctive and severe impact related to the emotional relationship between the victim and the perpetrator so that care and caution are needed in handling it.[yl/ab]

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