Rights activists hail bill against domestic violence

Moch. N. Kurniawan, The Jakarta Post, Jakarta

Women's rights activists are hailing a decision from the House of Representatives to draft a bill against domestic violence, saying that the move was a welcome start to providing legal protection for victims of violence in the home.

Dian Kartika Sari, the head of Public Policy of the Indonesian Women's Coalition (KPI), said on Saturday that a special legal umbrella was necessary to protect victims of domestic violence as the current Criminal Code (KUHP) "did not have the spirit to help them".

The Criminal Code states that testimony should be provided by at least two witnesses, which would be difficult to establish in cases of domestic violence, she said.

There is usually only a victim and her physical injuries, which should be enough to be regarded as proof, she said.

Dian also said the Criminal Code did not specify punishment for those convicted of assaulting their spouses or other family members.

Furthermore, she said, many people consider domestic violence to be a private matter, and this way of thinking had to be changed with a new law, which stipulates that violence in the home is a crime and a social problem.

"The facts show us that a law is sorely needed to encourage victims to come forward and report cases of domestic violence. The bill has a different spirit than the Criminal Code," Dian told the Jakarta Post on Saturday.

The House used its initiative rights last week to draft the bill prohibiting domestic violence, amid mounting pressure from antiviolence activists, particularly women who said this type of violence could destroy the life of a nation.

The bill defines domestic violence as any form of abuse against women that inflicts physical, sexual or psychological pain.

It also states that the police have to provide victims of domestic violence with temporary protection for 24 hours after a victim comes forward to report her case.

Further protection is given within seven days and/or the length of time stipulated in a restraining order issued by a court of law.

The restraining order should prohibit the offender from entering the victim's house or temporary accommodation and maintaining a minimum distance of at least 500 meters from the victim.

Punishment for those found guilty of assaulting their spouse or family member varies from fines to jail sentences.

Dian said women and children were often the victims of domestic violence, and their protection had to be prioritized.

"However, the bill should not discriminate against other victims of violence in the home, such as powerless husbands and others," she said.

Asnifriyanti of the Legal Aid Institute (LBH) concurred.

She also said neighboring countries, such as Malaysia and the Philippines, had passed laws against domestic violence, which showed they had realized their responsibility in stopping violent behavior in the home.

She said the House should make the bill one of its top priorities for debate in the current session due to the significant impact it could have on improving legal protection for victims of domestic violence.

In Indonesia, there were 3,169 cases of violence against women in 14 regions in 2001, of which 40 percent were committed by spouses, close relatives or colleagues.