Government Urged to Issue All Implementing Regulations of the TPKS Law

Implementation of the TPKS Law is still hampered. Not all of the derivative regulations of the TPKS Law have been promulgated yet, waiting for the President to sign them.

HUMAS POLRES METRO JAKARTA BARAT

undefined

JAKARTA, KOMPAS — In less than two weeks until the ratification of Law Number 12 of 2022 concerning Criminal Offenses Sexual Violence will be two years. However, not all regulations derived from this law have been issued by the government.

Until now, only two of the seven implementing regulations of Law Number 12 of 2022 concerning Crimes of Sexual Violence (UU TPKS) have been enacted by President Jokowi.

First, Presidential Regulation Number 9 of 2024 concerning the Implementation of Integrated Education and Training for Law Enforcement Officials and Government Service Personnel, as well as Service Personnel in Community-Based Service Providers, which was promulgated on January 23, 2024.

Second, Presidential Decree Number 55 of 2024 concerning Regional Technical Implementation Units for the Protection of Women and Children (UPTD PPA) which was promulgated at the beginning of this week, Tuesday (22/4/2024). There are still five more derivative rules to be awaited. Article 91 of the TPKS Law states that implementing regulations must be established no later than two years from the promulgation of the TPKS Law on May 9 2022.

"Considering that the TPKS law will soon turn two years old on May 9, which is also the deadline for the availability of implementing regulations for the TPKS law, we hope that the remaining five implementing regulations will be approved by the President soon," said Siti Aminah Tardi, Commissioner of the National Commission on Violence Against Women (Komnas Perempuan), on Friday (26/4/2024).

Nevertheless, the National Commission on Violence Against Women appreciates the approval of the second presidential regulation out of seven implementation regulations mandated by the TPKS law. The birth of Presidential Regulation 55/2024 is seen as both a challenge and an opportunity for the fulfillment of the rights of TPKS victims.

Also read: Implementation of the TPKS Law is hampered by implementing regulations

The challenge is how all stakeholders can collaborate to establish and strengthen the PPA UPTD, improve human resources capacity, as well as build service work mechanisms and allocate budgets.

The birth of the presidential regulation also marks the beginning for the community to monitor the formation and strengthening of the UPTD PPA. "We hope that strengthening and cooperation with community-based victim service institutions, including organizations for people with disabilities, will be part of the working mechanism built through UPTD PPA," said Siti Aminah.

Fulfillment of victims' rights

The Minister of Women's Empowerment and Child Protection (PPPA), I Gusti Ayu Bintang Darmawati, in Jakarta, Friday evening, stated that the presidential regulation ensures the fulfillment of the rights of sexual violence victims regarding their handling, protection, and recovery, as well as reaffirms the UPTD PPA with new governance. "We are grateful that one of the derivative regulations mandated by the TPKS Law related to the UPTD PPA has been announced for future implementation in the region. The presidential regulation will strengthen institutions in handling sexual violence victims, especially women and children," said the Minister of PPPA, on Friday.

Therefore, he hopes that with the existence of the Presidential Regulation on UPTD PPPA, it will encourage UPTD PPA service that increasingly prioritizes the best interests of responsive and just victims.

Article 5 of the presidential regulation governs the 11 duties of the PPA UPTD in provinces and districts/cities, which includes receiving reports or reaching out to victims; providing information about victims' rights; facilitating the provision of healthcare services; facilitating the provision of psychological strengthening services; facilitating the provision of psychosocial, social rehabilitation, social empowerment, and social reintegration services; and providing legal services.

In addition, UPTD PPA is also tasked with identifying the needs for economic empowerment, identifying the need for temporary shelters for victims and their families that require immediate needs, facilitating the needs of disabled victims, coordinating and collaborating with other institutions to fulfill the rights of victims, and monitoring the fulfillment of the rights of victims by law enforcement agencies during the judicial process.

"This Presidential Regulation ensures the protection and fulfillment of victims' rights through an integrated service mechanism to ensure that victims receive prompt services according to their needs while minimizing the recurrence of violence against them," said the Minister of Women Empowerment and Child Protection.

In addition, it will strengthen the role of collaboration between government-owned service institutions, community-based service institutions, and other institutions. Furthermore, for matters related to operational techniques, ministerial regulations are currently being prepared.

Also read: Cases continue to emerge, implementation of the TPKS law is still hampered

In addition to the two presidential regulations that have been approved, the government is also preparing two other regulations, namely the Presidential Regulation on the National Policy for the Eradication of TPKS and the Presidential Regulation on the Implementation of Integrated PPA Services at the Center.

The government has also prepared four government regulations (PP) on the Coordination and Monitoring of the Implementation of Prevention and Handling of TPKS; PP on Prevention of TPKS and Handling, Protection, and Recovery of TPKS Victims; as well as PP on TPKS Victim Assistance Fund.