Wednesday, 1 July 1998

Jakarta, Kompas.
As realization of the government's concern towards the victims of rape and as a form of protection towards the group which is handling rape matters, the government should immediately condemn the rapes which happened during the 13-14 May riots. The government must also apologize to the society and form an independent team which is able to investigate said problem.

Thus was disclosed in the panel discussion about "Demand for Complete Settlement of Acts of Violence towards Women and Human Responsibility", Monday (29/6) at Erasmus Huis Jakarta. At the discussion organized by the Mitra Perempuan (Female Partners) were present as speakers, Purnianti (UI), Nursyahbani Katjasungkana (LBH APIK), Kuraesin Sumhadi (Kowani), Frans Hendra Winarta (lawyer), Saparinah Sadli (Komnas HAM), Harkristuti Harkrisnowo (UI) and Abdul Hakim Garuda Nusantara (Elsam).

"Wasn't it done by the past government, why must the present government consider it as just common ?, Why must the government still think, where are the evidences. I don't understand the government's way of thinking. The more because Habibie now stated that now is the time to increase respect for human rights. Prove it now with that condemnation," Saparinah Sadli stressed.

Rape matters, said Saparinah, are no problems which just can be presented as other problems. Therefore, as long as the government considers that the phenomenon of sexual violence and rape can only be accepted if there are clear evidences, it is a wrong approach. What is needed from the government is actually not such kind of legalistics but attention of the government for the victims.

Not sufficient.

While Nursyahbani said, that from the legal aspect, the of regulating aspect in the Criminal Code (KUHP) was not sufficient to give a reponse and to handle violence against women. In the Criminl Code, violence was related with the conduct of violence and moral violations. The practical implication was that crimes towards women was placed at sexual crimes and not viewed as crimes towards the individual and in context with the upholding of human rights. Besides that, there are in the Criminal Code procedural limitations in the investigation because two witnesses and evidences are needed to prove a case of rape.

In that relation, Nursyahbani continued, the data about rape victims will immediately be conveyed to the UN Commision for Human Rights, especially the Special Rapporteurs on Violence Againmst Women and the Special Rapporteurs on Racial Discrimination.

While Abdul Hakim said, if the government doubted the data from the social groups, the government should form an independent team which involved various elements of the society, The government should also guarantee the safety of the mentioned team members.

Meanwhile the Information Officer from the Police, Lieutenant Colonel (Pol) Edward Aritonang, who also attended said discussion, hoped that a mechanism would be made which enabled that the demand, that the case would be solved completely viewed from the legal aspect, could be realized. "Maybe we can cooperate because the principle of the investigation which we perform, as was clarified by the head of the police, is that we don't want to add the suffering of the victim. We will attempt an investigation in such a way. We can come, or a thired party can become a kind of facilitator, so that we can together find a complete settlement," he said.(*)