Legislators echo concerns over domestic violence bill

Legislators echo concerns over domestic violence bill

Kurniawan Hari, The Jakarta Post, Jakarta

Several legislators on Wednesday backed women activists'
criticism of the domestic violence bill for not setting out
minimum penalties for violators.

Without the stipulation of minimum sentences in the bill,
currently being deliberated at the House of Representatives, it
could help violators evade justice, they argued.

Ahmad Mubasyir Mahfud and Jakobus Mayongpadang from the
National Awakening Party (PKB) and the Indonesian Democratic
Party of Struggle (PDI-P) respectively said the bill should not
only set out maximum penalties.

"The absence of minimum penalties in the bill will give
violators a chance to evade justice," Mubasyir told a hearing on
the domestic violence bill at the House.

The hearing was attended by State Minister for Women's
Empowerment Sri Rejeki Soemaryoto and Abdul Gani Abdullah, the
justice and human rights ministry director of legislation.

Earlier, a number of women activists questioned the absence of
minimum penalties in the bill, saying that the law would fail to
function as a deterrent.

Of the 10 criminal charges in the bill, only one spells out
minimum and maximum penalties. The remaining nine only mention
maximum sentences.

Article 47 of the bill states that if physical or
psychological violence causes permanent injuries or mental
disorders or causes the death of a fetus or damage to
reproductive organs, the perpetrators will face a penalty of
between five and 20 years in prison or a fine of between Rp 25
million and Rp 500 million.

Abdul Gani said that without a minimum penalty in the bill the
judges would have more flexibility in delivering verdicts against
violators.

Without a minimum sentence set out in the bill, a panel of
judges would have the authority to hand down an appropriate
sentence, he argued.

"Violators could get a three-day or one-month prison term
because the bill only mentions the maximum penalty. It depends on
the judge after considering available information and evidence,"
Abdul Gani said.

Abdul Gani also argued that the inclusion of minimum penalties
in the bill would encourage conflicting couple to divorce.

"The minimum penalty will have a social impact on the
sustainability of marriage. It could lead to divorce (due to the
long period of separation)," he said.