On Saturday, 23 March 2019, ALSA LC UGM held a legal discussion entitled “Examining the RUU PKS as an Implementation of Contemporary Criminal Law Objectives” in the Seminar Room on the second floor of the UGM Central Library. The discussion was held to clarify public understanding of the ongoing debate surrounding the Draft Law on the Elimination of Sexual Violence (RUU PKS). The 2019 ALSA Legal Discussion featured three speakers: Saeroni, S.Ag., M.H., representing the Aliansi Laki-laki Baru; Muhammad Amin Nasution, S.H., M.H., Managing Partner at M. Amin Nasution, S.H., M.H. & Partners; and Sri Wiyanti Eddyono, S.H., LL.M. (HR), Ph.D., a Criminal Law lecturer at the Faculty of Law, Universitas Gadjah Mada.
The discussion began with a presentation by Saeroni, S.Ag., M.H., on various forms of sexual violence experienced by women in Indonesia. He continued by examining the issue from a male perspective. His presentation concluded with the question, “How can we prevent men from committing sexual violence?” Several approaches were discussed, including promoting healthy sexual behavior based on consent and respect for one’s partner, as well as strengthening understanding of gender equality and respect for gender differences.
The next speaker, Muhammad Amin Nasution, S.H., M.H., who is also a legal practitioner, critically examined the RUU PKS article by article and related its provisions to realities in practice. He concluded that implementing the bill could prove challenging, as several of its provisions were considered new and unfamiliar to law enforcement officials. However, he emphasized that the legislative process is not a short one and that the RUU PKS would still have to go through various stages before becoming law. Therefore, changes to the bill remained highly possible, making it too early to determine whether it should ultimately be approved or rejected.
The final speaker, Sri Wiyanti Eddyono, S.H., LL.M. (HR), Ph.D., discussed nine forms of sexual violence to raise public awareness and help people identify acts containing elements of sexual violence. Based on the data she presented, many perpetrators of sexual violence remain unreported. She also discussed experiences faced by victims, including forced contraception, the lack of access to restitution and compensation, social stigma that blames victims, and limited budget allocations for victim assistance. In addition, she explained the importance of handling cases, protecting victims, and restoring their rights, as well as the need to pursue rehabilitation for perpetrators to help change their mindsets and achieve broader social benefits.
The event continued with a question-and-answer session with the participants and concluded with the presentation of plaques to the speakers and moderator by the ALSA LC UGM committee.
The discussion concluded that the RUU PKS is not only intended to create a deterrent effect for perpetrators but also to achieve benefits for both perpetrators and victims, including through rehabilitation efforts. At the same time, the readiness of Indonesia’s legal system and the contribution of society in implementing the bill need to be carefully considered. The RUU PKS should not remain merely a written provision but must be capable of being implemented effectively in practice. (MAM)
