Domestic violence bill faces govt challenge
Muninggar Sri Saraswati, Jakarta
The contents of a draft domestic violence law are considered so sensitive by the government that it has been reluctant to start deliberations in the House, despite the fact that the bill was initiated by the legislature six years ago.
The bill deals with issues related to sex and personnel relationships, issues that are quick to get traditionalist Indonesians hot under the collar.
The most contentious thing in the bill is the article on marital rape and sexual abuse. The bill outlaws both of these forms of violence against women.
Article 5 of the bill makes it an offense for a person to perpetrate sexual abuse, an unwanted sexual act, a sexual act that is not common and/or accepted, a sexual act with another person for prostitution or other purposes, or who forces another person to witness a sexual act.
"A number of government officials, particularly those from the Ministry of Religious Affairs, oppose the bill. They consider that wives are supposed to obey their husbands, including in the bedroom. They back this up by citing religious arguments," said Estu Fanani of the Legal Aid Institute/Association of Indonesian Women for Justice (LBH APIK), which was involved in the drafting of the bill.
"We are seeking recognition that women have the right to control their own bodies," Estu said.
Domestic violence, which mostly affects women, has long been ignored in Indonesia's conservative and male-dominated society, she added.
The fact that the ambit of the bill also extends to unmarried and separated couples has sparked further reticence on the part of the government.
"Some government officials oppose the bill because of this issue. They won't acknowledge the rights of unmarried or separated couples. The government only accepts the existence of married couples," Estu said
The bill also covers those who are related by blood, marriage, adoption, tradition or other social circumstances, and domestic servants.
Another contentious issue dealt with by the bill is economic violence. Members of a household are not allowed to do anything that could cause economic loss to the household, or which is designed to bring about economic dependency by limiting or abrogating the rights of spouses from working both inside and outside the home, or excessively controlling the expenditure of the family, such as husbands requiring their wives to submit financial reports to them.
"This is something complained of by many of the women who took part in the discussions across the country prior to the completion of the bill," Estu explained.
The latest version of the bill divides domestic violence into two categories: minor and serious. The minor category covers domestic violence such as the slapping of a spouse or family member where this does not inflict serious injury. The draft does not spell out the maximum sentence or fine for those found guilty.
The second category, serious violence, involves any act that causes death or serious injury.
"The bill spells out the obligations of police officers, prosecutors, judges and members of the community in dealing with domestic violence, including marital rape, which is not yet considered by many Indonesians as being a serious crime," Estu said.
A group of women's NGOs secured the support of the State Minister for Women's Empowerment in April, just before the bill reached the House for deliberation.
"We will never give our struggle up as women deserve proper protection," Estu asserted.
Reported cases of domestic violence, 1998 - 2002
Category 1998 1999 2000 2001 2002
Physical violence 33 52 69 82 86
Psychological violence 119 122 174 76 250
Economic violence 58 58 85 16 135
Sexual abuse 3 15 1 0 7
Rape 1 10 0 0 0
Sexual harassment 2 5 1 0 0
Violence during dating 0 0 0 0 7
Violence against children 0 0 0 0 1
Source: LBH APIK