Bill on domestic violence draws praise<\/p>\n
Kurniawan Hari, The Jakarta Post\/Jakarta<\/p>\n
The House of Representatives is scheduled to pass the bill on
\ndomestic violence on Tuesday, although women activists say it is
\nnot strong enough to serve as a deterrent, as it does not set
\nminimum penalties for perpetrators.<\/p>\n
The endorsement of the bill is expected to provide a major
\nboost for at least 303 institutions, which have been working
\ntogether with the National Commission for Violence against Women
\n(Komnas Perempuan) to help victims of domestic violence.<\/p>\n
A recent report by the women's rights body showed that of
\n5,934 cases of violence it was dealing with, approximately 46
\npercent (2,703 cases) involved domestic violence or violence
\nwithin the family.<\/p>\n
Of those cases, only 162 reached court, while the rest were
\neither withdrawn by the victims or could not be heard due to
\ninsufficient evidence.<\/p>\n
Ratna Batara Munti from the Legal Aid Institute for Women (LBH
\nApik) appreciated that House legislators had adopted some
\nproposals submitted by women activists, but cited room for
\nimprovement.<\/p>\n
In line with the activists' demands, the bill stipulates that
\nphysical violence, psychological violence, sexual violence, and
\neconomic violence are crimes.<\/p>\n
The bill also says a victim of domestic violence can testify
\nas a witness.<\/p>\n
\"We are glad that the legislators accommodated our
\naspirations. However, we criticize the bill for failing to set
\nminimum punishments,\" Ratna told The Jakarta Post on Monday.<\/p>\n
Only two of the 10 acts of violence spelled out in the bill
\ncarry minimum and maximum penalties, while most of them are
\nsubject to maximum penalties.<\/p>\n
Rita Serena Kolibonso of the Mitra Perempuan women's advocacy
\ngroup concurred with Ratna, saying the lack of minimum
\npunishments would increase the chances of violators escaping
\njustice.<\/p>\n
Without minimum penalties, the judges can hand down probation
\nsentences, Rita said.<\/p>\n
In response to the criticism, the Ministry of Justice and
\nHuman Rights' director of legislation Abdul Gani Abdullah said
\nthe inclusion of minimum penalties in the bill could encourage
\nthe conflicting couple to divorce (due to a long period of
\nseparation).<\/p>\n
Ratna said that she and other women activists would
\ndisseminate information on the contents of the bill to the
\npeople, as well as law enforcers, after its endorsement.<\/p>\n
She suggested that judges who are to hear cases of domestic
\nviolence should improve their knowledge on gender issues to
\nprevent them from being biased against women.<\/p>\n
Key Articles
\n================================================================<\/p>\n
Article 44: Physical violence carries a maximum penalty of
\nfive years in jail or a Rp 15 million fine. If the victims suffer
\nsevere injury, the penalty is raised to 10 years in jail or a Rp
\n30 million fine. If the violence causes death, the maximum
\npenalty is 15 years in jail or a Rp 45 million fine. If the
\nviolence is committed by a husband against a wife, or vice versa,
\nand does not cause serious wounds, the maximum penalty is four
\nmonths in jail or a Rp 5 million fine.<\/p>\n
Article 45: Psychological violence carries a maximum penalty
\nof three years in jail or a Rp 9 million fine. If the
\npsychological violence is committed by a husband against wife, or
\nvice versa, and does not hamper daily activities, the maximum
\npenalty is four months in jail or a Rp 3 million fine.<\/p>\n
Article 46: Sexual violence (including marital rape) carries a
\nmaximum penalty of 12 years in jail or a Rp 36 million fine.<\/p>\n
Article 47: Someone who drives another member of their
\nhousehold to have sex for commercial purposes faces a minimum
\npenalty of four years in jail or a Rp 12 million fine -- and a
\nmaximum penalty of 15 years in jail or a Rp 300 million.<\/p>\n
Article 48: Sexual violence that causes serious wounds, a
\nmental disorder, or leads to the death of a fetus, or damage to
\nthe reproductive organs, carries a minimum penalty of five years
\nin jail or a Rp 25 million fine, and a maximum penalty of 20
\nmillion in jail or a Rp 500 million fine.<\/p>\n
Article 49: Anyone who ignores the well-being of their charges
\nfaces three years in jail or a Rp 15 million fine.<\/p>\n
Article 50: Apart from imprisonment or jail, the bill also
\nrequires convicts to undergo counseling.<\/p>\n
===============================================================
\nSource: Latest draft of the domestic violence bill<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/bill-on-domestic-violence-draws-praise-1447893297",
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"sponsor": "Okusi Associates",
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