Examining the Long Road to Protection of Women from Sexual Violence in the Bill on the Elimination of Sexual Violence

Abstract

Komnas Perempuan data on the number of sexual violence against women reported and handled during 2017 amounted to 335,062 cases involving women and girls. Meanwhile, in 2019 there were 431,471 cases. During the Covid-19 pandemic, which is 2021, there will also be an increase in cases of violence against women. This prompted the Indonesian government to issue regulations related to the protection of women and children. Some of the existing regulations are Law No. 23 of 2002 jo. Law Number 35 of 2014 concerning Child Protection, and Law 23 of 2004 concerning the Elimination of Domestic Violence. However, there is no specific regulation regarding sexual violence against women and children. In 2015 Indonesia received a recommendation from the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to enact legislation to eliminate gender-based violence. One of the gender-based violence is sexual violence. To carry out this obligation, the Draft Bill on the Elimination of Sexual Violence (abbreviated as RUU PKS) was drawn up since 2016, but has not yet been ratified. This study aims to analyze the factors behind the PKS Bill until now it has not been ratified and to analyze the harmonization in the articles in the PKS Bill, so that later it can become a recommendation for the government to be included in the priority National Legislation Program. This research methodology is qualitative in nature, namely with a normative and doctrinal approach, where the emphasis is on the substance of the PKS Bill which is studied from its harmonization, with inductive analysis, so that meaning is essential.