After Three Years, Indonesia's TPKS Law Finally Sees Enforcement by Authorities

JAKARTA, TBNews.id – Three years since the enactment of the Sexual Violence Crime Law (UU TPKS), the implementation of this law has begun to show encouraging progress in court. Findings from the latest research conducted by LBH Keadilan show that law enforcement officers, especially prosecutors and judges, are increasingly daring to use the TPKS Law in the prosecution and decision-making process.

The research entitled "Implementation of the TPKS Law After Three Years of Implementation" found that of the 11 court decisions studied, 8 decisions had used the TPKS Law directly in the indictment and judges' considerations. This shows a positive trend towards the implementation of the law that favors victims.

However, there are still three decisions that have not implemented the TPKS Law, indicating obstacles in its implementation. One of them is the case of rape of a person with mental disabilities (Decision No. 874/Pid.B/2022/PN.Sda), which still uses Article 286 of the Criminal Code. The use of this old article is considered not to accommodate the rights of victims optimally as mandated by the TPKS Law.

Similar things can be seen in cases of electronic-based sexual violence (KSBE) such as in Decisions No. 169/Pid.Sus/2023/PN.Tng and No. 71/Pid.Sus/2023/PN.Pdl. Both cases still use the ITE Law, even though it should be linked to the TPKS Law to ensure comprehensive protection for victims.

On the other hand, a number of cases have shown significant progress. For example, in case No. 18/Pid.B/2023/PN.Ffk, the sexual exploitation charge has used Article 12 of the TPKS Law appropriately. Likewise with Decision No. 148/Pid.Sus/2023/PN.Smn and cassation Decision No. 7346 K/PID.SUS/2024, which became an important precedent because it granted victim restitution.

Other decisions, such as cases of sexual violence by people with disabilities (Mataram District Court), sexual harassment of children (No. 296/Pid.Sus/2023/PN.Yyk), to indecent acts by religious teachers (No. 138/Pid.Sus/2023/PN.Pdl), also show that the TPKS Law is able to cover various forms of sexual violence and perpetrator profiles.

However, the implementation of the TPKS Law is not only about the courage of prosecutors and judges. Derivative regulations such as the Draft Government Regulation (RPP) on Victim Assistance Funds and the RPP on Prevention, Handling, and Recovery are still pending ratification. This is considered to slow down efforts for comprehensive recovery for victims.

The main researcher, Halimah Humayrah Tuanaya, who is also a lecturer in Women and Children Protection Law at the Faculty of Law, Pamulang University, recommends that the government immediately ratify the RPP. In addition, the appointment of the Witness and Victim Protection Agency (LPSK) as the manager of the Victim Assistance Fund (DBK) is also proposed so that the management of assistance is more structured and on target.

This study also emphasizes the importance of ongoing training for law enforcement officers (APH), including police, prosecutors, and judges, to better understand the TPKS Law as a whole, including the concept of special procedural law and the principle of victim perspective.

In conclusion, the TPKS Law has begun to be used as the main legal basis in handling cases of sexual violence. However, in order for protection for victims to be maximized, consistent implementation by law enforcement officers is needed as well as adequate support from implementing regulations. (Red)

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