Kristian Erdianto, Jakarta – The Islamic based Justice and Prosperity Party (PKS) faction in the House of Representatives (DPR) has rejected the Draft law (RUU) on the Elimination of Sexual Violence.
PKS faction chairperson Jazuli Juwaini said that this opposition is based on potential material conflicts in the RUU with the values of the state ideology of Pancasila and religion. According to Juwaini, this will create a polemic in society.
“The PKS faction has made an effort, [we’ve] provided input, up until concluding that [we’ll] reject the draft RUU. Thus the PKS faction is explicitly declaring that it rejects the draft RUU on the Elimination of Sexual Violence”, said Juwaini when sought for confirmation on Tuesday February 5.
Juwaini said that the PKS faction has problems with the definition and scope of sexual violence in the law.
He believes that the definition of sexual violence and the scope of the crimes of sexual violence in the law are dominated by liberal perspectives which are not compatible the values of Pancasila, religion and eastern culture.
Moreover, said Juwaini, the stipulations have the potential to open the way for permissive attitudes on free and deviant sex.
The PKS’s position, continued Juwaini, has been reinforced by a deluge of criticism and opposition from religious figures, experts, ormas [social or mass organisations] and other social elements which are against the law.
They believe that the law has the potential to open the way for free sex and deviant sexual behaviour which is not compatible with Pancasila and religious norms.
“It is based on this that the PKS faction is more determined and certain about opposing the draft RUU as well as pursuing constitutional steps so that the DPR will cancel the deliberations on the RUU”, he said.
The definition of sexual violence is regulation under Article 1 of the draft law.
The article states that sexual violence is any act that debases, insults, attacks, and/or other acts against [a person’s] body, their sexual desire or/and their reproductive function, forcefully, [or] against their will, which results in a person being unable to give their consent freely due to power and/or gender relations, which could lead to or have the result of physical, psychological or sexual suffering, and economic, social, cultural and political losses.
Meanwhile the scope of sexual violence as a crime is regulated under Articles 11 through to 20.
Article 11 Paragraph (1) states that the crime of sexual violence is categorised as sexual harassment, sexual exploitation, forced use of contraceptive, forced abortion, rape, forced marriage, forced prostitution, sexual slavery and sexual torture.
Meanwhile Article 11 Paragraph (2) states that sexual violence as referred to in Paragraph (1) covers sexual violence that takes place within the realm of personal relations, the home, work and public relations, including those that take place in situations of conflict, natural disasters and other special circumstances.
[Translated by James Balowski. The original title of the article was “PKS Tolak RUU Penghapusan Kekerasan Seksual karena Isinya Bersifat Liberal”.]
