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Beranda NEWS LAW, POLITICS, DAN HUMAN RIGHTS It is Difficult to Punish Public Officials Perpetrators of Sexual Crimes

It is Difficult to Punish Public Officials Perpetrators of Sexual Crimes

Ramadio did not sit long in the number one seat of North Buton Regency. After serving as the acting (plt) North Buton Regent on Friday, September 25, 2020, he was temporarily suspended by the Minister of Home Affairs (Mendagri) Tito Karnavian. This step is a follow-up to the proposal of the Governor of Southeast Sulawesi, Ali Mazi, which was submitted by letter number 132.74 / 4830 dated September 30, 2020.

Ramadio's inauguration provoked a polemic. This was because at that time he was a suspect in a case of alleged sexual exploitation of minors. However, he was not immediately arrested.

"We see that if we are still a suspect and are not detained, they can still carry out their duties," said West Sulawesi Provincial Secretary Nur Endang Abbas to Jaring.id on Thursday, October 1, 2020.

The Muna Resort Bonegunu Sector Police named Ramadio and a pimp as suspects for a sexual crime on 22 December 2019. He allegedly raped a 14 year old girl in North Buton. While the Raha District Court has sentenced him to six years in prison for pimping, Ramadio's legal proceedings are protracted.

The Director of the Lambu Foundation who also accompanied the victim, Ina Yustina Fendrita, said that one of the reasons for the lack of detention was because the suspect had the status of deputy regent. Referring to Law number 23 of 2014 concerning Regional Government, it requires written approval from the Ministry of Home Affairs to investigate and detain deputies and regional heads.

“We once asked the Southeast Sulawesi Regional Police whether the permit for investigation and detention had been submitted? The answer was that they were currently applying and waiting for permission from the Ministry of Home Affairs. But how come the perpetrators have not been arrested for almost a year, ”said Yustina in a joint press conference with the National Commission on Violence Against Women on Tuesday, September 29, 2020.

Currently, the handling of the sexual harassment case by Ramadio has been transferred to the Southeast Sulawesi Regional Police (Sultra). According to Yustina, this made supervision of the companion even more difficult. The handling of cases also slows down. Two times the files were submitted by the Southeast Sulawesi Regional Police, both were rejected by the Southeast Sulawesi State High Court.

Yustina suspected that there had been carelessness in the preparation of the files so that the case was deemed inappropriate. The reason for the rejection of the second file, he continued, was also unreasonable because the Attorney General's Office requested that a witness be present who saw the incident firsthand.

"It is impossible for a witness to directly witness the rape because it took place in a closed room," said Yustina.

Responding to the slow handling, the Lambu Ina Foundation sent a letter of complaint to the Indonesian National Police Commission and the Prosecutor's Commission in July 2020. The Lambu Ina Foundation assesses that there have been efforts by the police and the prosecutor's office to obstruct the process of handling the vice regent's sexual crimes case so it drags on.

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Head of the Public Relations Division of the Southeast Sulawesi Regional Police, La Ode, denied that there were any attempts to obstruct the handling of cases. Segendang sepenarian with Kajati, he said the length of time handling cases was due to the difficulty in proving immoral acts. Polda, he continued, had returned the files and was declared complete by Kajati on September 16, 2020.

La Ode refused to comment on the reasons for withdrawing the case from the Muna Police to the Southeast Sulawesi Regional Police. He also did not reveal the reasons why Ramadio was not detained during the investigation process.

"Now that the legal object is in Kajati Muna, we don't have the capacity to answer anymore," he said when contacted by Jaring.id on Saturday, October 3, 2020.

The Ramadio case was busy in the public after Komnas Perempuan and the Lembu Ina Foundation held a press conference on September 29, 2020. In this activity, Komnas asked the Ministry of Home Affairs to evaluate Ramadio's appointment as acting regent.

Komnas Perempuan Commissioner Siti Aminah considered the criminal law used to deal with sexual violence and demanded that a witness see the incident complicate the handling of cases. This often results in many cases being rejected by law enforcement due to a lack of witnesses and evidence.

He considered the Ramadio case to illustrate the difficulty of getting public officials to commit sexual crimes. The examination and detention of regional heads still requires approval from the minister. At the same time, public officials have power relations that can influence the legal process.

"Legal guarantees and commitment to overcome sexual violence experience multiple obstacles when the suspect is a public official," said Siti Aminah.

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During 2018 - January 2020, Komnas Perempuan recorded 115 cases of sexual violence perpetrated by public officials. A total of 26 cases of which were committed by the State Civil Apparatus. The remaining 20 cases were committed by members of the National Police, 16 cases involving teachers, and 12 cases involving members of the TNI.

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In addition to the Ramadio case, allegations of sexual violence by public officials and community leaders that are of particular concern to Komnas Perempuan are the cases of Acting Head of Papua Regional General Hospital Alosius Giay and Kiai's son in Jombang Mochammad Subchi Azal Tsani.

Unfortunately, the sexual violence that was allegedly committed by the Acting Head of Papua Regional Hospital Alosius Giay against an 18 year old student has received a letter of termination of investigation and prosecution from the South Jakarta Police in February 2020. Meanwhile, the case of Mochammad Subchi, who allegedly raped santri, was repeatedly rejected by the East Java Kajati.

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Komnas Perempuan data, of the rape cases that occurred in the 2016-2019 period, only 29 percent were reported to the police. Of these, only 22 percent of them reached the trial, while the rest ran aground in problems of proof or ended in mediation.

Even if the case is finished, Siti Aminah said, cases of sexual violence involving public officials often do not provide justice to victims. He gave an example of the alleged rape by a member of the BPJS Employment Supervisory Board Syafri Adnan Baharuddin to his assistant. The National Social Security Council stated that Syafri was proven guilty of rape by means of letter number 49 / DJSN / II / 2019 dated February 11, 2019. However, Syafri reported back the victim on charges of spreading fake news using the ITE Law. The case ended with the victim's written admission that she had never been raped.

“Finally, the victim accepted the mediation offer from the perpetrator and the perpetrator withdrew the report. This process caused the victim to experience mental disorders and was hospitalized, "he said.

In the middle of the legal process, Syafri was declared to have passed the selection for members of the Republic of Indonesia Audit Board until the due diligence stage at the DPR RI. Siti assessed that Syafri's passing indicated that in the selection of public officials, the history of sexual violence was not a consideration in the selection of public officials.

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Member of the Indonesian Ombudsman, Ninik Rahayu Maksoem, assessed that the appointment of a public official should be done when the official is free from allegations of criminal acts, especially sexual violence. The case must be opened to prove whether the allegations are true or not. If the perpetrator did commit sexual violence but the case was never disclosed, the potential for vulnerability is higher.

"Because the rulers actually have power relations with their subordinates. If it is not resolved, it has the potential to commit repeated acts of sexual violence against people who are weaker in stratum than him, "said Ninik Rahayu when contacted on Thursday, October 1, 2020.

Ninik added that sexual violence is not an offense to complain, so the police have an obligation to find and reveal the perpetrators. So that when there is a resolution of cases of sexual violence that has stalled, he assesses that there is a maladministration process carried out by law enforcement officials and the institution for protecting children and women formed by the government.

"They do not carry out their obligations as security forces that protect the public from acts of sexual violence, let alone the perpetrators are public officials," he said.

The founder of the Women's Institute, Valentina Sagala, assessed that sexual violence cannot be viewed as merely a case of morality but a crime against the human body that can be experienced by women and men. Sexual violence occurs when the power of the perpetrator is superordinate while the victim is subordinate.

"In cases of sexual violence by public officials and ASN, it is clear that there are unequal power relations. "He is a man and a woman, there is an unequal gender relationship, plus the status of the perpetrator and the victim also creates inequality," he said.

With this imbalance, Valentina thinks that the law should ensure justice in dealing with sexual violence. Unfortunately, Indonesia does not have a legal breakthrough in dealing with sexual violence because it does not have a law regulating sexual violence. The handling of sexual violence cases still relies on the Criminal Code (KUHP) which protects the suspect more than the victim.

Valentina, who is part of the Civil Society Network Substance Team for the Draft Law on the Elimination of Sexual Violence (RUU PKS), said that the PKS Bill draft contained a legal breakthrough for public officials who perpetrated sexual violence. Public officials who are reported to have committed sexual violence do not need MoHA permission to be investigated and detained.

In addition, the PKS Bill is subject to a one-third sanction for perpetrators who have power relations with victims such as public officials, civil servants, and law enforcement officials. The community is also given the authority to oversee the proceedings of the legal process in cases of sexual violence. (Deborah Blandina Sinambela)

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