Bill on domestic violence draws praise

Kurniawan Hari, The Jakarta Post/Jakarta

The House of Representatives is scheduled to pass the bill on domestic violence on Tuesday, although women activists say it is not strong enough to serve as a deterrent, as it does not set minimum penalties for perpetrators.

The endorsement of the bill is expected to provide a major boost for at least 303 institutions, which have been working together with the National Commission for Violence against Women (Komnas Perempuan) to help victims of domestic violence.

A recent report by the women's rights body showed that of 5,934 cases of violence it was dealing with, approximately 46 percent (2,703 cases) involved domestic violence or violence within the family.

Of those cases, only 162 reached court, while the rest were either withdrawn by the victims or could not be heard due to insufficient evidence.

Ratna Batara Munti from the Legal Aid Institute for Women (LBH Apik) appreciated that House legislators had adopted some proposals submitted by women activists, but cited room for improvement.

In line with the activists' demands, the bill stipulates that physical violence, psychological violence, sexual violence, and economic violence are crimes.

The bill also says a victim of domestic violence can testify as a witness.

"We are glad that the legislators accommodated our aspirations. However, we criticize the bill for failing to set minimum punishments," Ratna told The Jakarta Post on Monday.

Only two of the 10 acts of violence spelled out in the bill carry minimum and maximum penalties, while most of them are subject to maximum penalties.

Rita Serena Kolibonso of the Mitra Perempuan women's advocacy group concurred with Ratna, saying the lack of minimum punishments would increase the chances of violators escaping justice.

Without minimum penalties, the judges can hand down probation sentences, Rita said.

In response to the criticism, the Ministry of Justice and Human Rights' director of legislation Abdul Gani Abdullah said the inclusion of minimum penalties in the bill could encourage the conflicting couple to divorce (due to a long period of separation).

Ratna said that she and other women activists would disseminate information on the contents of the bill to the people, as well as law enforcers, after its endorsement.

She suggested that judges who are to hear cases of domestic violence should improve their knowledge on gender issues to prevent them from being biased against women.

Key Articles ================================================================

Article 44: Physical violence carries a maximum penalty of five years in jail or a Rp 15 million fine. If the victims suffer severe injury, the penalty is raised to 10 years in jail or a Rp 30 million fine. If the violence causes death, the maximum penalty is 15 years in jail or a Rp 45 million fine. If the violence is committed by a husband against a wife, or vice versa, and does not cause serious wounds, the maximum penalty is four months in jail or a Rp 5 million fine.

Article 45: Psychological violence carries a maximum penalty of three years in jail or a Rp 9 million fine. If the psychological violence is committed by a husband against wife, or vice versa, and does not hamper daily activities, the maximum penalty is four months in jail or a Rp 3 million fine.

Article 46: Sexual violence (including marital rape) carries a maximum penalty of 12 years in jail or a Rp 36 million fine.

Article 47: Someone who drives another member of their household to have sex for commercial purposes faces a minimum penalty of four years in jail or a Rp 12 million fine -- and a maximum penalty of 15 years in jail or a Rp 300 million.

Article 48: Sexual violence that causes serious wounds, a mental disorder, or leads to the death of a fetus, or damage to the reproductive organs, carries a minimum penalty of five years in jail or a Rp 25 million fine, and a maximum penalty of 20 million in jail or a Rp 500 million fine.

Article 49: Anyone who ignores the well-being of their charges faces three years in jail or a Rp 15 million fine.

Article 50: Apart from imprisonment or jail, the bill also requires convicts to undergo counseling.

=============================================================== Source: Latest draft of the domestic violence bill