Domestic violence bill still long way off, legislator says

Debbie A. Lubis, The Jakarta Post, Jakarta

The deliberation on the domestic violence bill has still a long way to go as legislators responsible for the draft still do not agree on the content of the bill, a legislator said on Thursday.

Lukman Hakim S. said that lawmakers deliberating the bill were split into two groups -- the first in favor of the bill as it would protect members of the households, especially women, while the second against some articles that were not in congruence with their way of thinking, culture, and religion.

"Those who are against the bill think that the bill is too idealistic as it requires the government to provide many facilities for its constituents," Lukman said in a discussion held by the Indonesian Forum of Parliamentarians on Population and Development.

The bill, which consists of 15 chapters and 46 articles, aims to protect household members -- including domestic helpers -- from all forms of domestic violence including physical, psychological, economic and sexual violence.

The bill also includes the victims' right to protection, legal services, security, compensation and the right to file a lawsuit. It also requires that the government guarantee legal services and protection for victims of domestic violence.

It also obliges the court to instruct the courts, the police, and the Attorney General's Office, social organizations, and other parties in cases of domestic violence to give a feeling of security to the victims.

The bill also says that local police must provide a special room for the victims to file a report or to give their account to the police as a victim of domestic violence.

"The question is, is the government ready for such obligations and is the bill viable? Because the bill is effective once it is endorsed and it rules that any official who does not fulfill such obligations faces administrative sanctions, a jail term or a fine," Lukman said.

He added that the bill also considers domestic violence an ordinary crime, meaning anyone or any group of people may report an incident of domestic violence to the police.

"It will put women in jeopardy because it could trigger divorce. Currently, most women depend on their husbands economically. Divorce will burden them, especially if there are children," Lukman said.

Lukman said that some legislators also disagreed over articles on marital rape since certain religions and cultures required women to obey and serve their husband.

"The bill would also allow the husband or wife to sue his or her spouse for refusing to meet his or her sexual needs. In some cultures and religions, women are considered as going against the norm or sinful should they refuse to 'serve' their husband," he asserted.

The bill was submitted to the House on Sept. 16 to be considered for further discussion.

Saparinah Sadli, chairwoman of the National Commission on Violence Against Women (Komnas Perempuan), said that all parties should understand that interpretation which was gender bias could lead to the preservation of violence against women.

"A very good start, I think, is the admittance that violence against women exists. Then we can discuss how to lower the level of idealism of the bill because the most important aspect that we should consider is protection for the victims of domestic violence," she said.

Yogyakarta-base Rifka Annisa Women's Crisis Center recorded 1,683 cases of domestic violence against women from 1994 to 2001.