Project
Increasing the access of women victims of sexual violence to services for advocating derivative regulations from the Sexual Violence Criminal Act (ACCESS for SVCA Regulation)
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Amount Funded
99,989 EUROProject Duration
01 Dec 2022 - 31 Mar 2024 -
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Lead organisation
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LRC-KJHAM
LRC-KJHAM consistently handle cases of violence against women. In the last 5 years, 861 cases in Central Java were handled. Meanwhile, in 2021 there were 95 cases of violence against women, with 56 cases of sexual violence. Since 2000, LRC-KJHAM has developed a Support Group service for women victims of violence. So far, there are 133 support group members. In 2013, the Support Group transformed into a survivor organization for the Sekartaji Support Group. Then the Sekartaji Support Group conducted FPAR in 4 urban villages in Semarang City which gave birth to communities, which are currently LBK (Community-based Services) which handle cases of violence against women starting from complaints, counseling, mentoring and case referrals.
In 2009, LRC-KJHAM was supported by the HIVOS program, initiating the formation of Integrated Service Center in the subdistrict level (PPT Kecamatan) in 4 Subdistricts in Semarang City. This was later adopted by the Semarang City Government, expanded to all sub-districts in Semarang City. LRC-KJHAM is part of a network of services and referrals for violence cases. including part of PPT members, service and referral networks to have referral guidelines for handling cases and service directories, application reporting cases at the FPL (Service Provider Forum), LRC-KJHAM entered at Search service.com.
LRC-KJHAM consistently documents and reports records of handling cases of violence against women through an annual report. Together with the Service Provider Forum and Komnas Perempuan, they conducted a trial of documenting cases of sexual violence in 9 provinces until they became a manual for documenting sexual violence cases, database systems, annual reports, and used to advocate for the Act on the Crime of Sexual Violence. LRC-KJHAM develops FPAR (Feminist Participatory Action Research) in case handling work, community organizing. LRC-KJHAM together with Komnas Perempuan and the Service Provider Forum conduct Advocacy – Integrated Criminal Justice System for Handling Cases of Violence Against Women (SPPT PKKTP) in Central Java starting from the SKB, cooperation agreements to the Central Java Governor Regulation No. justice for women victims of violence against SPPT PKKTP.
LRC-KJHAM consistently advocates for national policies (Law on the Crime of Sexual Violence), Regional policies (regional regulations, governor regulations, mayoral regulations, Standard Operating Procedures, Regent Regulations, Integrated Referral Service System and village regulations), Budget ( budget review, budget analysis manual, budget analysis book). LBH APIK Aceh
The achievements of the Aceh APIK Legal Aid Institute in assisting, handling and supporting efforts to fulfill women’s rights:
1. Handling cases of violence against women and children;
2. LBH APIK Aceh in accordance with the institution’s mandate, has consistently since 1999 until now has provided assistance and handling cases of violence against women in several areas in Aceh.
3. LBH APIK Aceh together with women’s groups developed Community-Based Services (LBK), which are managed by women’s groups, since 2017 LBH APIK Aceh has succeeded in developing 7 LBK in 3 Regencies and Cities in Aceh including 3 LBK in Bener Meriah Regency, 3 LBK in Lhokseumawe City and 1 LBK in North Aceh District.
4. LBH APIK Aceh encourages the birth of regional policies to support handling services for women and children victims of violence through the UPTD PPA or P2TP2A service units in the working area of LBH APIK Aceh.TALITAKUM
1. Talita Kum focuses on its working area, namely Central Java, but Talita Kum also reaches out and collaborates with groups/communities/organizations in several provinces such as East Java, Aceh, West Java, DKI Jakarta, Medan, Bali, Kupang and Central Kalimantan.Talita Kum is the only LBTQ+ (Lesbian, Bisexual, Transgender Male/male, Queer) organization in Central Java that is part of the Service Provider Forum
2. Assistance and documentation of cases of violence based on SOGIESC. Talita Kum is part of the SOGIESC-based network of services and referrals for violence cases. Throughout 2018 to August 10, 2022 Talita Kum received complaints and managed to document 50 cases of SOGIESC-based violence. The LBTQ+ group is Talita Kum’s main focus because of the level of discrimination and violence that is layered and the organization rarely focuses on the LBTQ+ group, the closed characteristics of the LBTQ+ community so that they rarely get access to knowledge related to the process of self-acceptance and awareness related to the violence they experience.
3. Talita Kum was involved in making the Gender and Sexual Diversity module for the Service Provider Forum (FPL) and was elected as the Regional Coordinator for Central Java-DIY-Javanese Service Provision Forum. Talita Kum hosted working group 1 regarding public support for the Free to Be Me Hivos program
4. Talita Kum also participated in the preparation of the CEDAW shadow report for the LBTIQ group in Indonesia in September 2021.TRUK-F MAUMERE
1. The TRUK Women’s Division is consistent in handling and assisting cases of violence against women and children. From 2000 to June 2022, 2,691 victims were treated. In 2020 there will be 114 cases, in 2021 there will be 109 cases. January to June 2022 there were 61 cases. The most dominant types of cases are cases of sexual violence against women and minors.
2. There are 5 Community-Based Service Institutions (LBK) that were formed in 7 villages to help bring services closer to the community in Sikka Regency, namely in Magepanda Village, Waiara Village, Geliting Village, Done Village, Blatatatin Village, Bloro Village and Kabor Village.
3. The TRUK Women’s Division became one of the institutions that initiated the formation of the Sikka Police PPA Unit, P2TP2A Kab Sikka and was involved in the formation of regional regulations concerning the Protection of Women and Children in Sikka Regency, Number 12 of 2012, and Regional Regulation Number 7 of 2016 concerning the Prevention and Treatment of Victims of Trafficking in Persons.
4. TRUK does case documentation for every complaint and report received. At the end of every year TRUK launches Year End Notes (CATAHU) and submits it to local governments as material for advocacy on gender responsive policies and budgets for empowerment. Twice a year sends reports to FPL, becomes advocacy material at the national level and also sends data and reports to the Vivat International agency under the United Nations, to be the basic material for advocacy at the international level-
Organisation
LRC-KJHAM
LRC-KJHAM consistently handle cases of violence against women. In the last 5 years, 861 cases in Central Java were handled. Meanwhile, in 2021 there were 95 cases of violence against women, with 56 cases of sexual violence. Since 2000, LRC-KJHAM has developed a Support Group service for women victims of violence. So far, there are 133 support group members. In 2013, the Support Group transformed into a survivor organization for the Sekartaji Support Group. Then the Sekartaji Support Group conducted FPAR in 4 urban villages in Semarang City which gave birth to communities, which are currently LBK (Community-based Services) which handle cases of violence against women starting from complaints, counseling, mentoring and case referrals.
In 2009, LRC-KJHAM was supported by the HIVOS program, initiating the formation of Integrated Service Center in the subdistrict level (PPT Kecamatan) in 4 Subdistricts in Semarang City. This was later adopted by the Semarang City Government, expanded to all sub-districts in Semarang City. LRC-KJHAM is part of a network of services and referrals for violence cases. including part of PPT members, service and referral networks to have referral guidelines for handling cases and service directories, application reporting cases at the FPL (Service Provider Forum), LRC-KJHAM entered at Search service.com.
LRC-KJHAM consistently documents and reports records of handling cases of violence against women through an annual report. Together with the Service Provider Forum and Komnas Perempuan, they conducted a trial of documenting cases of sexual violence in 9 provinces until they became a manual for documenting sexual violence cases, database systems, annual reports, and used to advocate for the Act on the Crime of Sexual Violence. LRC-KJHAM develops FPAR (Feminist Participatory Action Research) in case handling work, community organizing. LRC-KJHAM together with Komnas Perempuan and the Service Provider Forum conduct Advocacy – Integrated Criminal Justice System for Handling Cases of Violence Against Women (SPPT PKKTP) in Central Java starting from the SKB, cooperation agreements to the Central Java Governor Regulation No. justice for women victims of violence against SPPT PKKTP.
LRC-KJHAM consistently advocates for national policies (Law on the Crime of Sexual Violence), Regional policies (regional regulations, governor regulations, mayoral regulations, Standard Operating Procedures, Regent Regulations, Integrated Referral Service System and village regulations), Budget ( budget review, budget analysis manual, budget analysis book). LBH APIK Aceh
The achievements of the Aceh APIK Legal Aid Institute in assisting, handling and supporting efforts to fulfill women’s rights:
1. Handling cases of violence against women and children;
2. LBH APIK Aceh in accordance with the institution’s mandate, has consistently since 1999 until now has provided assistance and handling cases of violence against women in several areas in Aceh.
3. LBH APIK Aceh together with women’s groups developed Community-Based Services (LBK), which are managed by women’s groups, since 2017 LBH APIK Aceh has succeeded in developing 7 LBK in 3 Regencies and Cities in Aceh including 3 LBK in Bener Meriah Regency, 3 LBK in Lhokseumawe City and 1 LBK in North Aceh District.
4. LBH APIK Aceh encourages the birth of regional policies to support handling services for women and children victims of violence through the UPTD PPA or P2TP2A service units in the working area of LBH APIK Aceh.TALITAKUM
1. Talita Kum focuses on its working area, namely Central Java, but Talita Kum also reaches out and collaborates with groups/communities/organizations in several provinces such as East Java, Aceh, West Java, DKI Jakarta, Medan, Bali, Kupang and Central Kalimantan.Talita Kum is the only LBTQ+ (Lesbian, Bisexual, Transgender Male/male, Queer) organization in Central Java that is part of the Service Provider Forum
2. Assistance and documentation of cases of violence based on SOGIESC. Talita Kum is part of the SOGIESC-based network of services and referrals for violence cases. Throughout 2018 to August 10, 2022 Talita Kum received complaints and managed to document 50 cases of SOGIESC-based violence. The LBTQ+ group is Talita Kum’s main focus because of the level of discrimination and violence that is layered and the organization rarely focuses on the LBTQ+ group, the closed characteristics of the LBTQ+ community so that they rarely get access to knowledge related to the process of self-acceptance and awareness related to the violence they experience.
3. Talita Kum was involved in making the Gender and Sexual Diversity module for the Service Provider Forum (FPL) and was elected as the Regional Coordinator for Central Java-DIY-Javanese Service Provision Forum. Talita Kum hosted working group 1 regarding public support for the Free to Be Me Hivos program
4. Talita Kum also participated in the preparation of the CEDAW shadow report for the LBTIQ group in Indonesia in September 2021.TRUK-F MAUMERE
1. The TRUK Women’s Division is consistent in handling and assisting cases of violence against women and children. From 2000 to June 2022, 2,691 victims were treated. In 2020 there will be 114 cases, in 2021 there will be 109 cases. January to June 2022 there were 61 cases. The most dominant types of cases are cases of sexual violence against women and minors.
2. There are 5 Community-Based Service Institutions (LBK) that were formed in 7 villages to help bring services closer to the community in Sikka Regency, namely in Magepanda Village, Waiara Village, Geliting Village, Done Village, Blatatatin Village, Bloro Village and Kabor Village.
3. The TRUK Women’s Division became one of the institutions that initiated the formation of the Sikka Police PPA Unit, P2TP2A Kab Sikka and was involved in the formation of regional regulations concerning the Protection of Women and Children in Sikka Regency, Number 12 of 2012, and Regional Regulation Number 7 of 2016 concerning the Prevention and Treatment of Victims of Trafficking in Persons.
4. TRUK does case documentation for every complaint and report received. At the end of every year TRUK launches Year End Notes (CATAHU) and submits it to local governments as material for advocacy on gender responsive policies and budgets for empowerment. Twice a year sends reports to FPL, becomes advocacy material at the national level and also sends data and reports to the Vivat International agency under the United Nations, to be the basic material for advocacy at the international level -
Project
The title of this program is “Increasing women’s access to Sexual Violence Criminal Act services”. The objective is to advocate regulations that are derived from the Sexual Violence Criminal Act, particularly those that deal with integrated services for handling cases of sexual violence.
The strategies that we are going to use are:
(1) Enhancing access to case management services for victims of sexual violence in specific contexts such as LBT and sexual gender minorities in Central Java, Aceh with the issue of Islamic Shari’ah law, and East Nusa Tenggara with the influence of customary law and strong religious institutions. It is included support group services, group counselling, therapy and discussion about women’s rights issues.
(2) Enhancing the capacity of civil society organisation in understanding the Sexual Violence Criminal Act and documenting experience in handling sexual violence. The documentation will support advocating Sexual Violence Criminal Act derivative regulations.
(3) Enhancing the state’s commitment to protecting victims of sexual violence through derivative regulations of the sexual violence crime law.
The expected result of this program is increased access to services for victims of sexual violence as indicated by the following indicators:
(1) 150 women victims of sexual violence received assistance and empowered
(2) increasing knowledge of civil society organizations and service institutions about the Sexual Violence Criminal Act
(3) There are documented results of handling cases of sexual violence in 3 regions (Aceh, Central Java and East Nusa Tenggara),
(4) There are derivative regulations of the Sexual Violence Criminal Act on Integrated Services
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The title of this program is “Increasing women’s access to Sexual Violence Criminal Act services”. The objective is to advocate regulations that are derived from the Sexual Violence Criminal Act, particularly those that deal with integrated services for handling cases of sexual violence.
The strategies that we are going to use are:
(1) Enhancing access to case management services for victims of sexual violence in specific contexts such as LBT and sexual gender minorities in Central Java, Aceh with the issue of Islamic Shari’ah law, and East Nusa Tenggara with the influence of customary law and strong religious institutions. It is included support group services, group counselling, therapy and discussion about women’s rights issues.
(2) Enhancing the capacity of civil society organisation in understanding the Sexual Violence Criminal Act and documenting experience in handling sexual violence. The documentation will support advocating Sexual Violence Criminal Act derivative regulations.
(3) Enhancing the state’s commitment to protecting victims of sexual violence through derivative regulations of the sexual violence crime law.
The expected result of this program is increased access to services for victims of sexual violence as indicated by the following indicators:
(1) 150 women victims of sexual violence received assistance and empowered
(2) increasing knowledge of civil society organizations and service institutions about the Sexual Violence Criminal Act
(3) There are documented results of handling cases of sexual violence in 3 regions (Aceh, Central Java and East Nusa Tenggara),
(4) There are derivative regulations of the Sexual Violence Criminal Act on Integrated Services -
VICTIMS OF SEXUAL VIOLENCE STILL EXPERIENCE OBSTACLES IN ACCESSING JUSTICE THROUGH THE CRIMINAL LAW ON SEXUAL VIOLENCE
Cases of violence against women are part of human rights violations that continue to occur. In Central Java, based on LRC-KJHAM records, there have been 861 cases of violence against women in Central Java in the last 5 years. In 2021 there were 100 cases of violence against women, the highest case was sexual violence with 56 cases. Currently, Indonesia has Law No. 12 of 2022 on the Crime of Sexual Violence. Although it does not fully accommodate the case situation and experience of assisting victims of sexual violence, it is considered quite progressive in terms of substance and process. Among other things, the Law on the Crime of Sexual Violence regulates the crime of sexual violence, sanctions, procedural law, victims’ rights, prevention and supervision.
However, until now the Law on Sexual Violence still faces obstacles in its implementation. From LRC-KJHAM’s experience when handling cases of sexual violence against adult victims in Central Java, investigators are still unwilling to use the Law on Sexual Violence and ask for expert witnesses.
In addition, it was found that investigators still do not fully understand the Sexual Violence Law. Thus, it is urgent that the implementing regulations are formed immediately. The space for participation provided by the government is still limited. Not all service organizations were involved in the meeting to provide input. The implementation of the Sexual Violence Law must continue to be monitored. During the process of handling sexual violence cases, we still found that:
“During the psychological recovery process, the UPTD is always accompanied by a lawyer, but during the police investigation, the UPTD is accompanied by a lawyer who cooperates with the UPTD. The lawyer at the UPTD was directed to accept money from the perpetrator” (the victim’s mother told the LRC-KJHAM assistant).
This case of sexual violence between a child victim and an adult perpetrator was mediated four times by the investigator. The victim still wanted to proceed to the criminal process, which in the end the victim’s mother sought support and assistance from LRC-KJHAM. So it is important to continue to guard the implementation of the Law on Sexual Violence and its implementing regulations.
This program is a joint consortium with the four institutions. Regions that have different characteristics and peculiarities. Aceh has Qanun Jinayat, East Nusa Tenggara has a strong customary law and Central Java has issues of gender diversity and sexuality. So that it has different challenges in the implementation of the Law on Sexual Violence. As happened in Aceh, until now the Law on Sexual Violence has not been implemented.
“The process of handling cases of sexual violence in Aceh still uses Qanun Number 6 of 2014 concerning Jinayat Law. This Qanun has the same legal force as the law. Article 72 states that it limits the rules that can be used for Jinayat (criminal) cases, one of which is sexual violence. Not all types of sexual violence are recognized as criminal offenses in the Qanun, so it has not been able to provide a deterrent effect on the perpetrators”. (Experience of LBH Apik Aceh facilitator).
The policy advocacy process for the Draft Presidential Regulation on the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) and the Draft Government Regulation on the Prevention of Sexual Violence, Handling, Protection and Recovery of Victims. Resulting in several achievements The concept of Regional Technical Implementation Unit proposed by the Service Providers Forum (FPL) together with LRC-KJHAM was accommodated by the Ministry of Women’s Empowerment and Child Protection in the June 16, 2023 draft. Then the concept of Integrated Services for Handling, Protection and Recovery for Victims of Sexual Violence was included by the Ministry of Women’s Empowerment and Child Protection in the Draft Government Regulation on Prevention of Sexual Violence, Handling, Protection and Recovery on June 23, 2023. Both proposed concepts were included in the Problem Inventory List (DIM) submitted to the ministry.
Other achievements related to the advocacy process LRC-KJHAM together with FPL also compiled lobbying materials for the two draft regulations. During the process of handling sexual violence cases, it was also documented in the form of fact sheets and stories of changes in victims of sexual violence through videos that were launched during the March 8 International Women’s Day campaign. The changes experienced by women victims of sexual violence from strengthening through support group meetings. Then in the process of advocating for the Law on Sexual Violence, both the process and substance, including the implementing regulations, are reflected on using Feminist Legal Theory analysis which results in a reflective writing. Through the reflection process, it will strengthen theoretical knowledge and analysis using Feminist Legal Theory in conducting policy advocacy.
During the implementation of the program, of course, there were several challenges faced. Among them, not all proposals from FPL together with LRC-KJHAM were accepted by the Ministry, Egosectoral from ministries and institutions also still occur. The general election in 2024 also affected the advocacy process. Finally, until now the two regulations have not been ratified. Update around December 2023, the RPerpres UPTD PPA has been finalized by the Minister, the State Secretariat has prepared a copy, just waiting for the presidential decree. RPP on Prevention of Sexual Violence, Handling, Protection and Recovery of Victims has completed harmonization at the Ministry of Law and Human Rights, then the submission of the determination process at the state secretary. On the other hand, cases of sexual violence continue to occur while the implementation of the TPKS law is still a challenge. This is evident from the 74 cases of sexual violence handled by LRC-KJHAM, Talitakum, LBH Apik Aceh and Truk F Maumere, only 3 cases were processed using the Sexual Violence Law, 1 of which only reached the investigation process.
There are several outcomes produced during the implementation of the one-year program, including:
- Law Number 12 of 2022 on Criminal Acts of Sexual Violence was used by Law Enforcement Officials in handling 1 case of physical sexual abuse of an adult victim in Maumere, East Nusa Tenggara in 2023.
- The judge decided the right to restitution in 1 case of child sexual abuse in his decision by referring to Article 64 of the Law on Sexual Violence in Central Java in 2023.
- On June 16, 2023, LRC-KJHAM’s proposal together with the Service Providers Forum (FPL) on the institutional concept of the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) was included by the Ministry of Women’s Empowerment and Child Protection in the Draft Presidential Regulation on UPTD PPA.
- On June 23, 2023, the proposal of LRC-KJHAM together with the Service Providers Forum (FPL) on the Concept of Integrated Services for Handling, Protection and Recovery for Victims of Sexual Violence was included by the Ministry of Women’s Empowerment and Child Protection in the Draft Government Regulation on Prevention of Sexual Violence, Handling, Protection and Recovery.
- The Task Force for the Prevention and Handling of Sexual Violence Cases (PPKS) of the Faculty of Law, University of Semarang and the Faculty of Law, Stikubank University collaborated with LRC-KJHAM on referrals for handling cases of sexual violence that occurred in universities.
During the implementation of the program, there were many lessons learned. Collaborative work between stakeholders, both FPL and ministries and institutions, will strengthen and facilitate the advocacy process. Inclusiveness in program implementation is also a concern on how to accommodate each of their respective needs. For example, disabilities, gender and sexuality groups and so on. Using safe communication channels when LGBTIQ issues are being highlighted, friends with diverse gender and sexuality must choose communication with different channels other than whatsapp. Then case handling activities and support group meetings cannot be done, because the situation is not possible. So we have to make sure the situation is safe.
It can be concluded that the policy advocacy process is based on the voices, experiences of women victims and assistants. When submitted in the process of discussing regulations, it is irrefutable because it is in accordance with the facts. Policy advocacy work must strengthen collaboration with stakeholders so that advocacy can be achieved. Likewise, the political situation that is happening, so you must be able to take the right advocacy strategy. The lobby/audience process is also important so that our proposals can be conveyed directly to the government. So the work to support the immediate enactment of implementing regulations for the Law on Sexual Violence must continue. So that victims of sexual violence get treatment, protection and recovery according to their needs. Everyone, both individuals and organizations, can support this work.
Currently, the presidential regulation on the Regional Technical Implementation Unit for the Protection of Women and Children has been passed through Presidential Regulation No. 55 of 2024. It is urgent that the draft government regulation on prevention, handling, protection and recovery of victims is also passed immediately.