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.