Legal Essay ALSA LC Unud Volume 05 No. 4

ALSA Local Chapter Universitas Udayana

LEGAL ESSAY Volume 05 No. 4 “Victim’s Point of View: Sexual Violence on KPI Staff”

Author: Ni Made Ayu Gita Lestari Astawa

ALSA Local Chapter Universitas Udayana

Background “Sexual violence” is a common word that has been spoken daily, however a lot of people misinterpreting that word. The term “sexual violence” is wider than anyone ever could imagine. It’s more than a specific criminal act of rape or unwanted touching or kissing, but also include acts that are not codified by law which harmful and traumatic such as false promises; insistent pressure; abusive comments or reputational threats to coerce sex acts; nonconsensual electronic sharing of explicit images; exposure of genitals; and surreptitious viewing of other naked. As stated by Office of the Higher Commissioner for Human Rights, sexual violence is a form of gender-based violence, meaning that the victims mostly are woman and girl, though we can’t close an eye on the fact that man and boys could be the victims as well.1 Throughout the year, the case of sexual violence has increase rapidly. Data shared by the Commission on Violence Against Woman (Komnas Perempuan) shows that 4898 reports of sexual violence had been made in 2019, and 299.911 cases had been handled in 2020.2 Moreover the Coalition for Safe Public Space (Koalisi Ruang Publik Aman) did a survey in 2019 with a result three out of five woman experience sexual violence in public space, it is higher than man with a comparison one out of ten.

Numbers keep increasing rapidly but justice seems to get weaker, law can no longer provide the sense of justice. The only thing that can provide it, or at least expected to provide it, is social media. However, sharing social violence experience through social media possess high risk, it could harm the victim. One of the examples is the case KPI (Komisi Penyiaran Indonesia) staff The KPI staff, MS, experience bullying and sexual violence since 2012 from his boss and colleagues. In 2015, based on MS’ confession, he was stripped, and his intimate organ was wrote off with marker by the perpetrator. Sharing his story on social media is not MS’ first attempt to seek justice. In 2017, MS’ reach out the National Commission of Human Rights (Komnas HAM) to report harassment, however they considered the case was the act of criminal therefore it should be handled by the police. Hence, in 2019, MS’ visited Gambir 1

Office of the High Commissioner for Human Rights, “Sexual and Gender-based Violance in The Context of Transitional Justice”, (OHCHR,2014), https://www.ohchr.org/documents/issues/women/wrgs/onepagers/sexual_and_gender-based_violence.pdf 2 Komisi Nasional Anti Kekerasan Terhadap Perempuan, “Perempuan dalam Himpitan Pandemi: Lonjakan Kekerasan Seksual, Kekerasan Siber, Perkawinan Anak, dan Keterbatasan Penanganan di Tengah Covid-19“, (Komnas Perempuan, 2020), https://komnasperempuan.go.id/siaran-pers-detail/catahu-2020-komnas-perempuan-lembar-fakta-dan-poin-kunci -5-maret-2021

ALSA Local Chapter Universitas Udayana

Police Department to make a report, but failed and told to handle this case internally, and so he did. MS told his supervisor about the incident, instead of getting protection, MS was scolded for not reporting it as soon as possible. Unsatisfied, MS reach out higher supervisor, but he only got transferred to different room, the perpetrator didn’t even got penalty. It is a shame, the Police Department only take this case seriously after it went viral in 2021 after MS post an open letter on social media.3 Even after it went viral, and the police finally taking it seriously, MS still getting bullied, even asked to withdraw his report and made an official statement stating that his open letter is fictional.

As of this case went viral, Polda Metro Jaya (police department) has summoned five reported people with the initials RM, FP, EO, CL, and RE, in addition to calling a driver who is known as MS' friend. KPI in other hand, conducted internal checks on the eight employees involved and temporarily disabled them. Meanwhile, Komnas HAM is also investigating allegations of neglecting human rights violations by KPI. Analysis This event obviously very traumatic to MS. Imagine being sexually violence where your dignity was trampled. Every moment overshadowed by memories of abuse that will certainly add to the wound. A workplace that is supposed to provide comfort and a sense of security has in fact become a very traumatic place. Act No.13/20034 in the consideration of its formation states that protection is to guarantee the basic rights of employees, but in fact, human rights, self-esteem as human beings, the most basic rights of an employee are even tarnished and not respected. Sexual violence impact victim’s mental health, the victim could endure several mental disorders such as depression, anxiety, post-traumatic stress disorder (PTSD) and other disorder such as feeling of shame, feeling of guilt.5 Sexual violence did not only affect the victim mental, but social life as well, especially in this certain case where the victim is an adult male. The pressure given by the community is very strong, especially because the victim is a man, where men are seen as strong creatures, tough figures and can take care of themselves. Pathetically, the society tends to marginalize the victims, that is why

3

CNN Indonesia, “9 Tahun Pelecehan Pegawai di KPI, Polisi Gerak Setelah Viral”, (CNN Indonesia, 2021), https://www.cnnindonesia.com/nasional/20210906063222-12-690080/9-tahun-pelecehan-pegawai-di-kpi-polisigerak-setelah-viral 4 See on Indonesia Law Number 13 Year 2003 on Manpower 5 Zafarzai, I., & Amiri, A., “Clinical and Psychological Consequences of Sexual Assault” (2021) 11(1) International Journal Academic Research in Business and Social Sciences. [ 433–440].

ALSA Local Chapter Universitas Udayana

most sexual violence victims are scared to speak up or made a report. It is not the victim’s fault that they encounter such event Considering the damage of sexual violence on the victim’s mental health, it is necessary to stop sexual violence. However, in Indonesia did not have any regulation on that. The draft law on the elimination of sexual violence that has been proposed since 2016 has not yet been ratified. High demand from the society apparently not enough to make the government prioritize this matter.

MS’ case can be classified as the act of human rights abuse. According to Universal Declaration of Human Rights, Article 3 stated that “everyone has the right to life, liberty, and the security of a person. The bullying and sexual violence experienced by MS is, of course, a violation of this article, in which MS will always not feel safe at work. The fear of being bullied or stripped again will continue to haunt MS at work and make his life uneasy.

Moreover, in Article 5, it is stated that “no one shall be subjected to degrading treatment”.

What the perpetrator did to MS’ intimate organ is a violation of this article. Holding, let alone scribbling on, someone's intimate organs is of course a taboo subject. Intimate organs are an area of ​privacy, not just a toy that can be played with at will. In the national legitimation, it is regulated under Act 39/1999 concerning Human Rights. According to Act No.13/2003, every worker or laborer has the right to protection of occupational safety and health, morals and decency, as well as treatment in accordance with human dignity.6 As the employee on KPI, MS surely obtain this certain right. What his colleagues did was a violence of this article Conclusion and Suggestions Sexual violence not only encountered by woman but also by man. The case of sexual violence increasing rapidly each year, but the victims still struggling to find justice. Social media is the path of choice among the twists and turns of justice. MS is one among the victims who chose to share his story on social media with the hope to seek justice, and it works. The police finally taking his case seriously after years.

The damage of sexual violence is beyond any could ever imagine. It is affecting the victim’s life both mentally and socially. The law has regulated that a workplace should provide a safeness to its employee, but in fact has become a ‘hell on earth’. Taking the damage into consideration, the regulation that can provide the sense of security of the victim and prevent future sexual violence is needed.

6

See on Article 86 Indonesia Law Number 13 Year 2003 on Manpower

ALSA Local Chapter Universitas Udayana

References Journal Zafarzai, I., & Amiri, A. “Clinical and Psychological Consequences of Sexual Assault” (2021) 11(1) International Journal Academic Research in Business and Social Sciences.

[433–440].

Article Komisi Nasional Anti Kekerasan Terhadap Perempuan. “Perempuan dalam Himpitan Pandemi: Lonjakan Kekerasan Seksual, Kekerasan Siber, Perkawinan Anak, dan Keterbatasan

Penanganan

di

Tengah

Covid-19“

(Komnas

Perempuan,

2020)

https://komnasperempuan.go.id/siaran-pers-detail/catahu-2020-komnas-perempuan-lembar-fa kta-dan-poin-kunci-5-maret-2021 Office of the High Commissioner for Human Rights. “Sexual and Gender-based Violance in The

Context

of

Transitional

Justice”

(OHCHR,2014)

https://www.ohchr.org/documents/issues/women/wrgs/onepagers/sexual_and_gender-based_v iolence.pdf Online Media CNN Indonesia. “9 Tahun Pelecehan Pegawai di KPI, Polisi Gerak Setelah Viral”, (CNN Indonesia,

2021)

https://www.cnnindonesia.com/nasional/20210906063222-12-690080/9-tahun-pelecehan-peg awai-di-kpi-polisi-gerak-setelah-viral Laws and Regulations Indonesia Law Number 13 Year 2003 on Manpower