Sex crime victims lack protection: Experts

JAKARTA (JP): Noted law expert Loebby Loqman has sought a revision of the Criminal Code so that it covers a wider range of sexual crimes and affords victims better protection.

Speaking at a seminar organized by the Association of Indonesian Moslem Intellectuals (ICMI) here on Wednesday, Loebby said the definition of sexual crimes, including rape, should be revised because the existing definitions were too narrow.

As an example, he pointed out that Article 285 on rape does not cover marital rape.

Last year, the Women's Association for Justice (APIK) reported that cases of violence against women increased by 125 percent to 227 from 111 in 1996.

Loebby is a member of the Criminal Code revision team led by Mardjono Reksodiputro.

Criminologist Tb. Ronny Nitibaskara, who also spoke at the seminar, shared Loebby's opinion and said that many other sexual offenses such as exhibitionism, pedophilia and necrophilia have also yet to be included in the Criminal Code.

"These sexual (offenses) should be inserted in the new Criminal Code," he said.

Jimly Assihiddiqie, a professor of law at the University of Indonesia, said sexual crimes included rape, sexual abuse and prostitution.

He acknowledged the criminal law as it stands does not provide the victims of sexual crime with legal protection.

"The Criminal Code should not only sanction the perpetrators of sexual crimes, it should provide their victims with legal protection," he said.

Jimly argued that the practice of handing fines collected from offenders over to the state was wrong and said they should instead be paid to the victims to compensate them for the trauma they have suffered.

Another speaker, noted psychiatrist Dadang Hawari, said the criminal law did not adequately protect victims, despite the psychological scars the crimes left behind.

"In rape cases, victims often suffer from post-traumatic stress for the rest of their lives," he pointed out.

Loebby also said that to help protect victims, the law should stipulate harsher sanctions for all sexual crime. The present Criminal Code carries a maximum punishment of 12 years imprisonment and does not specify a minimum sanction for such offenses.

He said that a minimum punishment of three years imprisonment has been inserted into the draft revision of the Criminal Code that will soon be submitted to the House of Representatives for deliberation. (01)