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The Indonesian government and various non-governmental organizations (NGOs) have made efforts to raise awareness about the problem of sexual violence cases and provide assistance to victims. There are laws in Indonesia that prohibit acts of sexual violence, and perpetrators can be criminally punished if caught and found guilty. The law that regulates acts of sexual violence against women is contained in Article 1 point 1 of Law Number 12 of 2022. Criminal acts of sexual violence are defined as all acts that fulfill the elements of a criminal act as regulated in this law and other acts of sexual violence as regulated. in the law to the extent specified in the law. Apart from that, NGOs or non-governmental organizations in Bali also play a role in providing protection to victims of sexual violence, collaborating with foundations or agencies and the community in overcoming sexual violence, especially against foreigners in Bali. Additionally, these NGOs can provide social, psychological, and legal assistance to victims. In addition, government efforts also include increasing awareness about the problem of sexual violence and campaigns to prevent it. This includes education about women's rights and preventive measures. Indonesian authorities must take the investigation and prosecution of cases of sexual violence seriously. Justice must be upheld without discrimination, including in cases involving foreigners.

Cases of Sexual Violence in Bali 2019-2023

On September 17, 2022, sexual violence occurred against a foreign citizen from England who was on holiday in Bali (ANTARA, 2022). The perpetrator of the harassment against the foreigner was a repeat offender who had only been released three months from the Class II A Penitentiary in Kerobokan, Badung, Bali. The modus operandi or technique used by the perpetrator was claiming to be a motorbike taxi driver, taking the victim, a foreigner from England, to a nightclub in the Kuta area, Badung, while riding a Yamaha N-max motorbike. The perpetrator initially offered the victim to use his two-wheeled vehicle while posing as a motorbike taxi driver. After the offer is made, both the victim and the perpetrator leave for the specified location. However, when the victim realized that the road he was taking did not match the one shown on the electronic map or Google Maps on the victim's cellphone, his concern for the perpetrator increased. The victim, who felt suspicious of the perpetrator, asked to be left in the middle of the road, causing the victim to scream for help. Then, the perpetrator took the victim to a quiet alley and a sexual assault incident occurred against the victim. As a result of this incident, the victim's body suffered several injuries. Apart from torturing the victim, the perpetrator also forcibly confiscated the victim's belongings, including a gold necklace. For this act, the perpetrator was tried for this crime under Article 365 of the Criminal Code with a maximum sentence of nine years for theft that was preceded or accompanied by violence or threats of violence. The victim, who underwent a post-mortem and was found to have suffered several injuries due to the suspect's actions, has now returned home on outpatient status, according to the Denpasar Police Chief.

Apart from that, another case of violence that befell a foreigner from Brazil in Bali occurred on August 7 2023 who was on holiday (Raharjo, 2023). Perpetrators of sexual violence also carry out the same crime method or not, namely the person concerned admits to being a motorbike taxi driver. The incident occurred when the victim ordered an online motorbike taxi from Puri Kelapa Quest by Bukit Villa to go to one of the villas in the Jimbaran area. At that time the victim was staying at the villa while on holiday in Bali. To divert the victim's attention from the route or travel map during the trip, the perpetrator continuously invited the victim to chat. The perpetrator then asked the victim to get out of his vehicle in the middle of the road, which was a quiet area. The perpetrator then threw the victim to the ground and strangled the victim's neck. The victim resisted and tried to escape but failed, the reported party continued to rape the victim, who is a foreigner. However, the perpetrator has not yet been caught and the case is still being investigated by the local police.

Illustration of Sexual Violence That Happens to Women
Sources: https://www.istockphoto.com

Efforts to Handle Cases of Sexual Violence Against Foreigners in Bali

One of the government's efforts to handle cases of sexual violence against foreigners, especially in the Bali region, is the issuance of a law regulating cases of sexual violence, namely Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). The Indonesian government has increased law enforcement against perpetrators of sexual violence, including foreigners. These cases are investigated seriously, and perpetrators found guilty are punished by Indonesian law. Additionally, the Bali region is a popular tourist destination, and the local government has increased supervision of tourist attractions and the tourism industry in general to reduce the risk of sexual violence against foreigners. There is increased awareness by the Balinese government aimed at local communities and travelers about the importance of reporting cases of sexual violence and avoiding actions that could increase the risk of sexual violence.

Because the Bali region receives many visitors or tourists from various countries in the world, the Indonesian government is collaborating with the embassies and consulates of foreign countries of origin to provide consular assistance and support to victims of sexual violence in Indonesian territory. Local governments and NGOs can also provide training to medical and psychological service providers, as well as police officers, to ensure that victims of sexual violence receive appropriate support. The government is also working to strengthen regulations and policies that protect victims of sexual violence and ensure that there are effective mechanisms for reporting such cases.

It is important to remember that handling cases of sexual violence is a joint task between the government, society, and related institutions. Victims and witnesses who witness sexual violence must also feel safe to report such cases so that action can be taken to enforce the law and provide support to those affected. Public awareness about sexual violence and victims' rights is also important to address this problem effectively.

Illustration of Efforts to Handle Cases of Sexual Violence Against Foreigners in the Bali Region
Sources: https://www.istockphoto.com

Government Protection for Foreign Citizen's Victims of Sexual Violence Cases

Government protection for foreign citizens who are victims of sexual violence is an important step in creating a safe and supportive environment for all individuals in a country. Continued efforts are needed to improve these protections and ensure that all victims get the help they need. For example, providing legal protection for victims of sexual harassment is regulated in Article 5 and Article 6 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. Which contains that witnesses and victims have the right to:

1. be free from threats related to testimony that will be, is being, or has been given, and obtain protection for personal safety, family, and property;
2. take part in the process of deciding and selecting security assistance and protective measures;
3. provide information without pressure;
4. get a translator;
5. free from ensnaring questions;
6. receive information regarding case developments;
7. obtain information regarding court decisions;
8. receive information if the convict is released;
9. identity kept secret;
10. get a new identity;
11. obtain temporary residence;
12. get a new residence;
13. obtain reimbursement for transportation costs according to needs;
14. obtain legal advice;
15. obtain temporary living expenses assistance until the protection period expires; and/or
16. receive assistance.

Based on the LPSK decision, in certain circumstances, witnesses and/or victims of criminal acts are given the rights as intended in paragraph (1). The rights granted in certain circumstances as intended in paragraph (2) can be extended to witnesses, perpetrators, reporters, and experts, including those who can provide information regarding a criminal case even though they have never heard of it. As long as the person's statement is related to a criminal act, he did not witness it directly or experience it himself.

Article 6 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. In addition to the rights stated in Article 5 as intended, victims of serious human rights violations, criminal acts of terrorism, human trafficking, torture, criminal acts of sexual violence, and serious ill-treatment have the right to receive health assistance and medical assistance. Also provides psychosocial and psychological rehabilitation.

Sexual harassment against women is an act that can rob a person of their human rights. Victims of sexual violence, including rape victims, will carry pain and shame for the rest of their lives. It is important to create a legal framework that can protect the rights of women who experience sexual harassment. Examples include providing victims of sexual violence in Bali Province access to psychological treatment that can help them recover from the trauma or legal support. The Indonesian government can collaborate with non-governmental organizations (NGOs) that focus on women's rights and the protection of victims of sexual violence. It is important to remember that handling sexual violence cases is a complex process and requires cooperation between various parties, including the government, law enforcement agencies, non-governmental organizations, and the wider community. The Indonesian government, like other countries, is committed to protecting all individuals from sexual violence and supporting those who are victims to obtain justice.

Illustration of policies set by the government regarding the protection of victims of sexual violence
Sources: https://www.istockphoto.com

Reference

ANTARA. (2022, October 17). Denpasar Police detains perpetrator of harassment against British foreigner. Retrieved from Antara News: https://www.antaranews.com/berita/3184517/polresta-denpasar-tahan-pelaku-pelecehan-terhadap-wna-asal-inggris

Bung Hatta University Faculty of Law. (2022, July 22). Types of Criminal Acts of Sexual Violence According to Law Number 12 of 2022. Retrieved from Bung Hatta University Faculty of Law: https://hukum.bunghatta.ac.id/index.php/informasi/artikel/292-jenis-jenis-tindak-pidana-kekerasan-seksual-menurut-undang-undang-nomor-12-tahun-2022

Ni Putu Rai Yuliartini, e. (2021). Legal Protection Efforts for Women and Children Victims of Sexual Violence in Bali Province. Semarang State University National Law Seminar, (pp. 367-380). Semarang. doi: https://doi.org/10.15294/snhunnes.v7i1.713

Raharjo, A. (2023, August 09). Ojol Driver Allegedly Rapes Foreigner in Bali Here's the Chronology According to the PPPA Ministry. Retrieved from Republika.id: https://news.republika.co.id/berita/rz4lx9436/driver-ojol-diduga-perkosa-wna-di-bali-ini-kronologinya-menurut-kementerian-pppa

Suadnyana, I. W. (2023, February 09). Police Constrained by Limited Stay Permits to Handle Sexual Harassment of Foreign Citizens. Retrieved from Detik Bali: https://www.detik.com/bali/berita/d-6559336/polisi-terkendala-izin-tinggal-terbatas-tangani-pelecehan-seksual-wna