Sexual Violence Bill Introduced in Indonesia

[GS Paper 2 – International Affairs]

Context – Indonesia Parliament passes landmark sexual violence bill.

Indonesia’s parliament passed a long-awaited bill to tackle sexual violence aimed at providing a legal framework for victims to secure justice in a country where sexual abuse has often been regarded as a private matter.

Highlights of the Bill

• Indonesian women’s rights activists have for years condemned the lack of avenues for victims of gender-based and sexual violence to seek justice in a country where abuse is often considered a private affair and victims are discouraged from filing a report.

• The bill, which seeks to combat sex crimes and provide a legal framework for victims including in cases of marital rape, was proposed a decade ago and drafted in 2016 but ran into delays.

• The law focuses on the handling of sexual violence from prevention to victim recovery, ordering compensation for victims and allowing community-based organisations to provide counselling.

• Physical sexual abuse inside and outside marriage now carries a maximum 12-year prison sentence and forced marriage — including cases involving children — carries a maximum nine-year jail term. The text does not include articles on rape and forced abortion.

Key Developments

• The bill was first proposed in 2012 by The National Commission on Violence Against Women and civil society groups. It encountered opposition from many conservative groups

• The majority of lawmakers backed the bill at the plenary session overcoming the interest of the opposition.

• The final draft of the law includes:

1. 12 years for crimes of physical sexual abuse (both in marriage and individuality)
2. 15 years for sexual exploitation
3. 9 years of forced marriage including child marriage
4. 4 years for circulating non-consensual sexual content

• It even stays up with that a court compels convicted abusers to pay restitution and authorities to provide counseling to victims.

• The new law stipulates prison terms of up to four years and about $14,000 in fines for electronic-based sexual violence

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