Domestic violence bill faces govt challenge

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