JAKARTA, TBNews.id – Three years since the enactment of the Sexual Violence Crime Law (TPKS Law), the implementation of this law has begun to show encouraging progress in court. Findings from a recent study conducted by LBH Keadilan (Legal Legal Aid Institute) indicate that law enforcement officials, particularly prosecutors and judges, are increasingly emboldened to use the TPKS Law in prosecution and decision-making.
The study, titled “Implementation of the TPKS Law After Three Years of Implementation,” found that of the 11 court decisions reviewed, eight directly used the TPKS Law in their indictments and judicial deliberations. This indicates a positive trend toward applying the law in favor of victims.
However, three decisions still do not implement the TPKS Law, indicating obstacles to its implementation. One of these cases concerns the rape of a person with a mental disability (Decision No. 874/Pid.B/2022/PN.Sda), which still uses Article 286 of the Criminal Code. This outdated article does not fully accommodate victims’ rights as mandated by the TPKS Law.
A similar situation is seen in cases of electronic-based sexual violence (KSBE), such as Decisions No. 169/Pid.Sus/2023/PN.Tng and No. 71/Pid.Sus/2023/PN.Pdl. Both cases continue to use the ITE Law, even though it should be linked to the TPKS Law to ensure comprehensive victim protection.
On the other hand, several cases show significant progress. For example, in case No. 18/Pid.B/2023/PN.Ffk, the sexual exploitation charge appropriately used Article 12 of the TPKS Law. Similarly, Decision No. 148/Pid.Sus/2023/PN.Smn and cassation Decision No. 7346 K/PID.SUS/2024 set important precedents by granting restitution to victims.
Other decisions, such as those concerning sexual violence against a person with a disability (Mataram District Court), child sexual abuse (No. 296/Pid.Sus/2023/PN.Yyk), and indecent acts by a Quran teacher (No. 138/Pid.Sus/2023/PN.Pdl), also demonstrate that the TPKS Law is capable of addressing various forms of sexual violence and perpetrator profiles.
However, implementing the TPKS Law is not solely a matter of prosecutors’ and judges’ courage. Subsequent regulations, such as the Draft Government Regulation (RPP) on Victim Assistance Funds and the Draft Government Regulation (RPP) on Prevention, Handling, and Recovery, are still pending ratification. This is considered to be hindering victims’ comprehensive recovery efforts.
Lead researcher Halimah Humayrah Tuanaya, a Women and Children Protection Law lecturer at the Faculty of Law, Pamulang University, recommends that the government immediately ratify the RPP. Furthermore, to ensure more structured and targeted aid management, the Witness and Victim Protection Agency (LPSK) is proposed to be appointed the manager of the Victim Assistance Fund (DBK).
This study also emphasizes the importance of ongoing training for law enforcement officers (APH), including police, prosecutors, and judges, to better understand the TPKS Law, including the concept of special procedural law and the principle of victim-centeredness.
In conclusion, the TPKS Law is beginning to be used as the primary legal basis for handling sexual violence cases. However, consistent implementation by law enforcement and adequate support from implementing regulations are required to maximize victim protection. (Ed.)
Source: https://www.beritasatoe.com/
