Domestic violence bill may not act as deterrent
Domestic violence bill may not act as deterrent
Kurniawan Hari, The Jakarta Post, Jakarta
The domestic violence bill now being debated at the House of
Representatives does not spell out minimum penalties, raising
fears that it will fail to act as a deterrent.
The latest draft approved by the House legislators and the
government says domestic violence carries a maximum prison
sentence of 12 years or a Rp 36 million (US$3,913) fine.
Deliana Sayuti, deputy chairwoman of the National Commission
on Women said on Tuesday the fine imposed on perpetrators of
domestic violence was too lenient.
"I think people would opt to pay Rp 36 million as opposed to
staying in prison for 12 years. The prison term and the fine is
not equal," she said.
Rita Serena Kolibonso from women's advocacy group Mitra
Perempuan criticized the bill for its conflicting and vague
articles that could lead to various interpretations.
Taking an example, she said the domestic violence bill
classifies nonconsensual intercourse with "another person" living
in the home as domestic violence.
"From the linguistic point of view, the wording is open to
interpretation. Wording is very important during a trial," she
said.
Surya Chandra Surapaty, deputy chairman of House Commission
VII for health, social issues and population, said the bill
defines domestic violence as violence, be it physical,
psychological or sexual, that occurs between husbands, wives,
children, and other people who are living in a house, and those
who are employed in the house.
The bill defines sexual violence as nonconsensual intercourse
targeting a person who lives in the same house.
Physical violence carries a prison term of up to five years or
a Rp 15 million fine, but if it causes serious injury to the
victim the penalty will be raised to a maximum of 10 years
imprisonment and a fine of up to Rp 30 million. If the violence
claims a life, the perpetrator will face 15 years in prison or a
Rp 45 million fine.
Violence committed by a husband against his wife or vice versa
that does not inflict injury carries a prison term of four months
or a maximum fine of Rp 4 million.
Separately, another legislator, Aisyah Baidhowi, claimed the
bill had accommodated the interests of the victims. She added
those charged with domestic violence would be prosecuted in
accordance with the Criminal Law Procedures Code.
The lawmakers will convene for final stage of deliberation of
the bill on Wednesday. Aisyah expects the House to pass the bill
before its term ends on Sept. 30.