CEDAW, the Convention on the Elimination of All Forms of\nDiscrimination Against Women, has been ratified by Indonesia as a\nfoundation for policy toward gender equality. In enforcing the law,\nDr.\u00a0Amurwani Dwi Lestariningsih, Deputy for Gender Equality at the\nMinistry of Women\u2019s Empowerment and Child Protection (KemenPPPA),\nemphasised Law No.\u00a012 of 2022 on Sexual Violence Offences (TPKS). She\ndescribed the TPKS as a legal instrument anchored in prevention,\nprotection, and the recovery of victims. Unfortunately, enforcement of\nthe TPKS remains on paper rather than fully implemented in practice.<\/p>\n
One major hurdle is the difference in handling cases, given that most\ncases are dealt with by male law enforcement personnel. The majority of\nofficers still apply the Penal Code (KUHP) rather than the TPKS. \u201cIf we\nuse the Penal Code alone, the perpetrators\u2019 sentences will be too light\nwhile the victims bear a heavy burden. Seen from the TPKS, it could\namount to double penalties,\u201d Amurwani said.<\/p>\n
The same sentiment was echoed by Dwi Yuliawati, Head of Programmes at\nUN Women Indonesia. She urged law enforcement officers to remember the\nprimary mandate of the TPKS: protection of victims. \u201cThe TPKS is really\nfine, so why are we still relying on KUHP? The special law must be\nconsulted first rather than the general one. In short, implementation\nhinges on the law enforcers\u2019 perspective and how people trust the law\nitself,\u201d she said. \u201cThe special law must be referred to first.\u201d<\/p>\n
Ironically, International Women\u2019s Day celebrations are often\naccompanied by reports of violence against women, which sometimes\nculminate in cases of femicide. \u201cIf we still normalise violence and if\nthe judicial system does not recognise patterns of discrimination and\ngender-insensitive practices, then such cases will increase and go\nunaddressed,\u201d Dwi declared. In UN Women\u2019s briefing, Dwi outlined how the\nfemicide pattern has been evident since violence by men against women\noccurred. Femicide can arise from the neglect of reporting such\nviolence.<\/p>\n
Beyond that, the law\u2019s machinery that is gender-friendly is as\nimportant as preventive measures. \u201cWhen women do not believe that\njustice will be delivered, prevention will not be perfect. When there is\nno guarantee, there will be no impunity and accountability,\u201d stressed\nDwi. During the discussion, Amurwani also noted Indonesia\u2019s entrenched\npatriarchal culture as a driver of violence against women: \u201cWe need an\nunderstanding of gender-based approaches because structurally we live in\na strong patriarchy. Dismantling norms and values takes time.\u201d<\/p>\n
The advent of Law No.\u00a04 of 2024 is presented as a breakthrough to\nchallenge old norms by requiring men to participate in women\u2019s tasks and\nburdens. Under this regulation, husbands must be involved from the\noutset of pregnancy through to the postnatal period. In addition,\nAmurwani described how breaking patriarchy can start from small acts,\nsuch as everyday conduct around the dining table. \u201cIf we have eggs and\nchicken, and the father is served chicken first, then the elder son,\nthen the daughter, when will the mother get nutritious food?\u201d<\/p>\n
Gender equality will only be realised if rights are guaranteed by law\nand justice is accessible without barriers. Although Indonesia\u2019s policy\nframework has been grounded in CEDAW to guarantee protection for women,\nimplementation remains unsatisfactory. The 2026 International Women\u2019s\nDay will focus on ensuring and strengthening access to justice for all\nwomen and girls, including promoting an inclusive legal system and\neliminating discriminatory policies.<\/p>\n
Violence against women is not restricted to physical harm; it also\nincludes silencing women\u2019s voices. The National Life Experiences Survey\nof Women (SPHPN) shows a large gap between reported cases and the actual\nincidence. The piece also notes related developments in other countries\nand contexts to emphasise the global nature of gender-based violence and\nthe need for robust prevention and enforcement mechanisms.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/law-no-12-of-2022-on-sexual-violence-offences-tpks-seen-as-underutilised-enforcement-against-violence-toward-1772686885", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }