Strengthening Recovery Mechanisms for Sexual Violence Crimes (ID0148)

Brief Description of the Commitment

Public participation in drafting and socializing implementation regulations regarding UPTD PPA and VTF mandated by UU TPKS to ensure the drafting of regulations based on research and the needs of citizens, as well as a wider mainstreaming or socialization of such mechanisms through civil society.

Problem Definition

1. What problem does the commitment aim to address? This commitment aims to strengthen the recovery mechanisms regulated under the Law on Sexual Violence Crimes (“UU TPKS”) to increase victims’ access to reporting and recovery mechanisms. In Indonesia, high gender-based violence rates is still a prevailing issue. According to the Online Information System for the Protection of Women and Children (SIMFONI PPA), as of July 2022, 25.210 cases of violence were recorded and 21.753 of the victims were women. Furthermore, based on data for the last five years from the Annual Records (CATAHU) of the National Commission on Violence Against Women, the most common forms of violence women experience are psychological violence (36%), sexual violence (33%), followed by physical violence (18%) and economic violence (13%) (Komnas Perempuan, 2022). Out of the many cases of sexual violence that occur in the community, most victims of sexual violence (KKS) do not report their cases. According to research conducted by INFID and IJRS in 2020, one of the main reasons victims don't report the violence they experience is because they don’t know where to report (IJRS, 2021). Furthermore, even if they know where to report, many victims still have trouble accessing reporting and/or other services, whether due to the far distance of offline centers, the lack of responsiveness from online complaint services, or the community’s tendencies to support the use of informal approaches to ‘resolve’ these cases (Desyana et al., 2022, p.62). Aside from the problem of restricted access to services, the handling of sexual violence cases also tends not to prioritize the victims’ recovery. This is influenced by the existence of negative stigma and discrimination from law enforcement officials, and their tendency to focus on imposing punishment for the perpetrators rather than the victims’ wellbeing. This is reflected from the findings of a research IJRS conducted, which found that only 0.1% of decisions accommodate recovery in the form of restitution for victims (Budiarti dkk., 2022, p.120). This commitment aims to contribute in solving the lack of access to quality recovery and judicial proceedings for sexual violence victims, as mandated by the Law on Sexual Violence Crimes (“UU TPKS”). Specifically, this proposal encourages public participation in the process of drafting and mainstreaming the implementing regulations on Victim Trust Funds or Dana Bantuan Korban (“DBK”) and the Regional Technical Implementation Unit for the Protection of Women and Children or Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak (“UPTD PPA”), as mandated by UU TPKS.

2. What are the causes of the problem? The root cause of sexual violence is the prevailing patriarchal culture. This culture influences society's perception of women by positioning men's interests higher and placing women in a weak and 'powerless' position. The existence of this perception causes discrimination against victims, especially women, when they experience sexual violence. Conversely, sexual violence perpetrated by men is often justified as something that normally occurs due to the positioning of men's interests and roles as more 'superior'. As for problems of reporting, the causes range from low public understanding of sexual violence and reproductive health, victims not knowing where to report, up to negative perceptions from society and social pressure which lead to victims becoming reluctant to report their cases. Even when victims are aware of sexual violence and the right to report their cases, they might experience difficulties accessing services. In several regions in Indonesia, the distance of the service providers and the regional topographies can become obstacles for victims to gain the timely access to services that they need (Desyana dkk., 2022, p.62). Additionally, several regions still do not have a UPTD PPA, which actually provides a variety of important services for victims under one roof. As for problems surrounding the handling of sexual violence cases, public perceptions that sexual violence cases do not need to go through judicial proceedings or that such cases are not serious because of assumed ‘consent’ are still prevalent. Furthermore, there is still a tendency for law enforcement officials not to empathize with victims and to overlook the impacts of sexual violence and the recovery needed by victims, placing more weight instead on punishing perpetrators (Budiarti dkk., 2022, p.57).

Commitment Description

1. What has been done so far to solve the problem? In 2022, Law Number 12 Year 2022 regarding Sexual Violence Crimes (UU TPKS) was passed by the Indonesian government, and is considered a breakthrough in supporting the prevention of, protection, handling, and recovery of sexual violence crimes by providing a legal guideline. The passing of this law cannot be separated from the continuous efforts from civil society, who have closely followed the drafting, discussion, and passing of the law for years up to 2022. After the issuing of the law, civil society are still actively following the implementation of this regulation. Based on this law, the Indonesian government is mandated to draft 10 implementing regulations in the form of Government Regulations and Presidential Regulations. Out of the 10 implementing regulations, the government is required to draft and pass a Government Regulation regarding DBK and a Presidential Regulation regarding UPTD PPA by 2024.

2. What solution are you proposing? This proposal encourages the drafting of the implementing regulations on UPTD PPA and DBK as mandated by UU TPKS, with meaningful participation from civil society. The participation of civil society and the wider public is important in ensuring that what is regulated in the implementing regulation is in accordance with the needs of the community and is supported by strong evidence and data. Furthermore, the participation of civil society in outreach activities is also important, because mainstreaming and outreach can be carried out in a wider scale, and become more in-depth and meaningful when civil society networks are utilized. To date, INFID and IJRS (as the proposing institutions) have actively contributed in providing inputs to government and partaking in discussions, even prior to the ratification of the UU TPKS. The two proposing organizations have conducted various research relating to the issue, and are currently working on a Policy Paper regarding the operationalization and implementation of the UU TPKS, which can support the drafting of the aforementioned regulations through data-based evidence and recommendations. Through the OGI platform, the proposed collaboration between government and civil society can be monitored and evaluated, which helps ensure meaningful collaboration through co-creation and accountability from both sides in following up with their commitments and responsibilities.

3. What results do we want to achieve by implementing this commitment? 1. An implementing regulation on UPTD PPA backed by research and public inputs to provide standards and references on establishing and implementing UPTD PPA access mechanisms. Proper standardization, mainstreaming, and good practices can increase the availability of access to important services for victims, such as complaint services, handling of cases, temporary shelter, mediation, and victim assistance. Furthermore, the UPTD PPA also has a victim outreach role, which is important since many victims are still unaware about sexual violence and the available recovery mechanisms. 2. An implementing regulation on DBK as mandated by the UU TPKS backed by research and public inputs can ensure the provision of alternative remedies for victims which are targeted and based on the victims’ needs. The existence of quality recovery mechanisms for victims of sexual violence can encourage punitive processing of sexual violence against perpetrators while still paying attention to the conditions and needs of victims so they can recover from the violence they experienced. Additionally, the existence of well-targeted recovery mechanisms can encourage victims to report the violence they experience through judicial processes rather than resorting to ‘informal’ approaches.

Commitment Analysis

1. How will the commitment promote transparency? N/A

2. How will the commitment help foster accountability? N/A

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? This commitment supports the active participation of civil society in the process of drafting implementing regulations regarding DBK and UPTD PPA as mandated by UU TPKS, as well as its socialization. Through civic participation in this process, the public is also involved in defining, implementing, and monitoring the implementation of part of the recovery mechanisms regulated by UU TPKS for victims of sexual violence.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

The drafting and issuing of an implementing regulation regarding UPTD PPA as mandated by UU TPKS with the participation of the civil society | 1. Research from civil society regarding UPTD PPA to support the drafting of the implementing regulation regarding UPTD PPA 2. Implementing regulation regarding UPTD PPA | 1. June 2023 2. December 2023

Improvement of UPTD PPA system and increasing scope of beneficiaries through mainstreaming and socialization | 1. Improvement of UPTD PPA system in accordance to implementing regulation and public inputs 2. Report from evaluation of UPTD PPA system improvement efforts 3. Report from socialization of new system and mechanisms regarding UPTD PPA to Local Governments and civil society network at regional and local levels | 1. June 2024 2. December 2024 3. December 2024

The drafting and issuing of an implementing regulation regarding DBK as mandated by UU TPKS, supported by research from civil society to obtain data-driven recommendations | 1. Research from civil society regarding DBK to support drafting of implementing regulation 2. Government Regulation regarding DBK 3. Monitoring and evaluation reports from socialization of implementing regulation regarding DBK | 1. June 2023 2. December 2024 3. December 2024

Action Plan Review

Commitment 14. Recovery mechanisms for sexual violence crimes

• Verifiable: Yes
• Does it have an open government lens? Yes
• Potential for results: Modest

Ministry of Women’s Empowerment and Child Protection (KPPPA), Witness and Victim Protection Agency (LPSK), Ministry of Law and Human Rights (Kemenkumham), International NGO Forum on Indonesian Development (INFID), Indonesia Judicial Research Society (IJRS), Ministry of Development Planning (Bappenas)

For a complete description of the commitment, see Commitment 14 in Indonesia’s 2022–2024 action plan: https://www.opengovpartnership.org/wp-content/uploads/2023/01/Indonesia_Action-Plan_2023-2024_EN.pdf.

Context and objectives

Supported by active national-level civil society participation, the government drafted and passed the Sexual Violence Crimes Law in 2022. As next steps, CSOs proposed this commitment to continue civil society participation in drafting and issuing technical regulations related to the establishment of a Victim Assistance Fund (DBK) and the Local Technical Implementation Unit for Women and Child Protection (UPTD PPA), followed by the implementation and participatory monitoring of the planned UTPD PPA technical regulation. This marks the Ministry of Women’s Empowerment and Child Protection’s (KPPPA) first OGP commitment.

The planned regulations are intended to improve government response to rising sexual violence crimes. [44] According to the Coalition for Safe Public Space in 2019, three out of five women had experienced harassment in public spaces. [45] In a March 2022 report, the National Commission on Violence against Women had documented 338,496 cases of violence against women, including cyber gender violence. [46] The report further states that, in the last five years, the most common types of violence against women had been psychological violence (36%), sexual violence (33%), physical violence (18%), and economic violence (13%). [47]

Potential for results: Modest

In implementing the Law, the Ministry of Women’s Empowerment and Child Protection plans to develop and issue five technical regulations in conjunction with five presidential regulations. This commitment focuses on two of those regulations which are critical to the recovery of sexual violence crime victims. To ensure participation in these efforts, the commitment plans for civil society research to be incorporated in the drafting process for these regulations. The International NGO Forum on Indonesian Development (INFID) expects this commitment to lead to an evidence-based and participatory approach to drafting. [48]

One of the two regulations will be on the establishment of a Victim Assistance Fund (DBK). Given the psychological and physical effects of sexual violence, perpetrators are legally obliged to pay restitution to their victims. However, in some cases, either the perpetrator is unable to pay, or the court holds the payment until a final verdict is made. The assistance fund is intended to allow the government to pay the restitution in cases where the perpetrator is unable to pay. The planned technical regulations are therefore needed to specify the establishment, designation, use, management, disbursement, inter-ministerial coordination mechanism, as well as sources of the fund—be it from non-tax revenue or private sector’s corporate social responsibility. [49]

The second component of the commitment is the Presidential Regulation on UPTD PPA, which will regulate the technical implementation unit at the local level. [50] Prior to the passing of the Law, the unit was already an institution where victims could report sexual violence and seek protection. However, the Law expands the scope of the unit from 6 to 11 types of services. It will begin to serve as a one-stop provider that delivers services for victims and coordinates with the police, the women and children protection unit, and other relevant units at the local level. [51]

This commitment is well-designed and serves a positive example of how the OGP platform could be leveraged to ensure civil society participation in policy reforms. While it does not plan for a substantial change in civic participation practices, it intends to carry forward civil society participation from developing the Law to developing some of its subsequent technical regulations. At this key juncture, actively including the community in policymaking would allow the government to better respond to the lived realities of people impacted by sexual violence.

Opportunities, challenges, and recommendations during implementation

For this commitment to succeed, it will need to extend engagement with a number of relevant government bodies and civil society actors. For instance, the management of the assistance fund would intersect between the Witness and Victim Protection Agency (LPSK), the Ministry of Women’s Empowerment and Child Protection, the Attorney General’s Office, and CSOs. Implementation led by UPTD PPA at the local level would also require coordination with several government units, including the police, local health authorities, women’s empowerment departments, healthcare facilities, representative offices of the Ministry of Law and Human Rights, LPSK, and the Ministry of Home Affairs. [52]

The IRM recommends the following to ensure successful implementation:

· Convene targeted outreach and coordination meetings organized by OGI to bridge relevant government and non-government stakeholders. Facilitate necessary engagement to ensure that technical regulations are developed and implemented effectively. Involve local civil society organizations and the public to improve the relevance of UPTD PPA at the local level.

· Clearly define public participation channel to improve UPTD PPA. The Ministry of Women’s Empowerment and Child Protection and other implementers can hold a series of coordination meetings to develop specific plans for feedback channels that institutionalize public and civil society input in implementing the planned ordinances on UPTD PPA and monitoring of its efficacy.

· Publish the research produced by civil society supporting the development of the technical regulations in the form of publicly available policy papers. Opportunities for public comments could further widen participation.

Raise public awareness of rights under the technical regulations of the Law. A wide public awareness campaign by government and non-government stakeholders could magnify the commitment’s positive impact for victims of sexual violence.