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.