Seven Points Of Improvement In The Sexual Violence Bill

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VIVA – There are at least seven progressive items in the sexual violence law ratified by the House of Representatives and the government, the Witness and Victim Protection Agency (LPSK) said.

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"In the law, there are seven contents which are considered very progressive with regard to the protection of witnesses and victims," LPSK deputy chair Livia Istania D.F. Iskandar said in a written statement received on Tuesday.

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The first item is related to restitution. The regulation regarding restitution puts emphasis on the responsibility of the perpetrator, starting from demanding payment from the perpetrator, the imposition of a third party, confiscation of the perpetrator's assets, and additional penalties if the perpetrator is unable to pay or in the absence of a third party.

As per the draft law, the state will assume responsibility if the perpetrator is unable to pay restitution, she said. In case the perpetrator is a corporation, sanctions would be awarded in the form of a partial closure of the business, and the business activities of the corporation will be closed for a maximum of one year.

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The second item is the regulation of victim trust funds. If the assets confiscated and provided to the victim are insufficient, the state will compensate the victim with restitution decided by court.

Iskandar explained that the victim aid fund can be obtained from philanthropic institutions, communities, individuals, corporate social responsibility, other legal and non-binding sources, and the state budget, in accordance with the provisions of the legislation.

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Third, the protection mechanism for victims will be carried out in stages. The first stage is temporary protection by the police, or the victims could apply for protection to the Witness and Victim Protection Agency no later than 1x24 hours. Temporary protection will be provided for a maximum of 14 days.

In terms of arrangements regarding companions for sexual violence victims who have been accommodated, companions could be provided during all phases of examination in the judicial process, with the agency's officers serving as one of the companions.

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