In Indonesia, raping case is on the 2nd ranks the most common crime after the murder.
Rape comes from the Latin rapere , means to steal, force, seize or carry away. Rape is an attempt to vent his sexual lust by a man against women in a way that violates according to the moral and law. According to the Women’s Crisis Center (WCC), rape is any sexual assault or coercion. Form of rape is not always intercourse, but any form of attack or coercion involving the genitals. Oral sex, anal sex, destruction of the female genitals with an object also is rape, and rape also can occur in marriage.
Currently, common rape against women is rape against children. Based on data from the National Commission for Child Protection (Komnas PA) in 2010 showed as many as 39.18 percent of 1649 cases of violence against children is sexual violence. Since 1993 there have been 1500 to 2000 cases of rape and in 2010 every 10 day recorded 33 cases of rape of children.
Based on Article 1, paragraph 1 of the Law of the Republic of Indonesia No. 23 of 2002, children is someone who has not aged 18 (eighteen) years old, including children who are still in the womb.
Rape is usually done by a stranger to the child, but now it is very disappointing that the rape was carried out by people who are well known to the victim (seductive rape), such as teachers, doctors, friends or the biological parent (father). Data showed that 68% of sexual violence against children, the perpetrators were their family
Ideally, a father is the leader in the family that responsible to provide protection, love and affection, a decent living, education and mental development of children so the children has a personality that is established well and able to float ideas in a positive and focused way.
But not all fathers can carry out his duties properly, some of them destroy his daughter’s life by raping on them (incest). Incest is a sexual intercourse or sexual relations that occur between two people that have bond,where the bond consanguinity between them is close enough, for example between the brothers with sisters, fathers with daughters, mothers with sons or uncles with nephews. In this case, sexual relations that occur there are a voluntary and there is coercion. That is coercion is called rape. Many people are known to rape incest, because this case is more frequently reported by victims or their families.
Sexual violence in this category is the hardest violence because the victim always remember that the offender is a person in a family and near her own so that incest usually occurs over and over, and between the victim and the perpetrator most likely to meet each other.
Rape case by a father that abusing his own daughter was a lot happening on the middle class economy families, because the house that they have is very narrow, the conditions at home is only one room for a whole family members. So over time people who were there will inflame passions biological. Fathers that spend more time at home because they do not have a job while his wife works outside home or abroad. Rape can also happens due to environmental influences or background which affects living way in the past, feel deprived or left behind of sexual experience when he was teen (sexual lag behind) as well as psychological shock due to spontaneous sexual stimulation and lack of understanding of religious values.
Most of the perpetrators explained that they had raped their children because of sexual arousal (see parts of the body), a wife who can not serve their sexual needs, habits of children who sleep together with parents, horny after watching porn movie, unconscious, too fond of children, the influence from alcohol and social construction that is too strong (the way men judge women)
We can see several examples of cases below:
1. Jakarta – April, 2002
A biological father raping 2 of his daughters since 1996 when they was aged 8 and 6 years old. The perpetrator complained by his wife and he was imprisoned.
2. Bogor – April, 2002
A father raped his biological child until having a child. The perpetrator reported to the police by the victim.
3. Surabaya – June, 2002
During the 3 years raping his own daughter. Perpetrators reported by the victim and his ex-wife who has been divorced for a long time.
4. Padang – August 19, 2005
HS (32 years old) raped her daughter for many times since divorced with his wife and they used to sleep in one room.
5. West Sumatra – August 20, 2005
Not satisfied although already has two wives, a father raped his biological daughter (18 years old). Perpetrator threatened the victim with a knife to obey his will. The perpetrator imprisoned.
6. Madiun – August 4, 2002
During the 3years while his mother worked abroad, Lel (14 years old) raped by her own father. It had happened for a long period because the victim fear of the threat from her father. Perpetrator have been arrested and punished.
7. Malang – June 12,2008
M (44 years old), raping his daughter since she was 8 years old to 14 years old. The victim claimed that rape by her father since she was in 4th grade of secondary school. If counted, rape by her father is more than 10 times in a year. Rape is done because his wife works outside the country so no one fulfiil his sexual needs. Perpetrator arrested after a complaint the victim and her boyfriend.
8. Nganjuk – April 21,2009
By the reason of drunkenness, Sutriyono (41) raped his biological child who was 15 years old. The child was raped beside her mother who was asleep. When the mother woke up and prohibit the perpetrator, he’s beating of his wife and banging her into the wall. Both of them then reported this thing to the police and the perpetrator has been arrested and imprisoned.
9. Timor – July 16,2009
IN (39 years old), three times raping his children. It was in October 12.2008, February 10.2009 and July 15.2009. The reason is that the father must raped her first daughter so can live happily if married later. Perpetrator reported by his wife, children and neighbors and have been detained by the police.
10. Labuhan Batu Selatan – January 20.2010
BN (42 years old), since 2007 has four times raping his daughter who is now 15 years old. The victim told this to the neighbors and they reported it to the police. The perpetrator is imprisoned.
11. Padang – August 10.2010
AWE (48 years old), his child abuse began in 2005 because of seeing his beautiful daughter’s face. The perpetrator was reported by the victim to the police and was arrested.
12. Bangkalan – October 9.2010
MK (47 years old) had raped his daughter KLZ (16 years old) for thirty times since she was in 3rd grade secondary school. The perpetrator reported by the victim and her mother to the police and now is imprisoned.
13. Malang – October 22, 2010
BH (45 years old) raped his 16 years old daughter. He rape her when the condition of the house is quiet and his wife was ill. He have been detained by the police. BH crimes uncovered after his daughter complained to her teacher at school so the school reported the incident to the police.
14. Purwokerto – November 23, 2010
KP (50 years old) raped his daughter MR (16 years old) until got pregnant for 5 months. The act was reported by the mother’s of victim and the neighbors as suspected her physical changes. The perpetrator who worked as a pedicab driver confessed that he had raped the victim from the beginning of 2009.
15. Jakarta – January 12, 2011
Puji (40 years old) rape his daughter (B) from she was in 4th grade of secondary school until now in junior high school and got pregnant for 1.5 months. The perpetrator reported to the police by the neighbors after they saw B have been pregnant.
16. Jakarta – February 5, 2011
MJ (40 years old) rape his daughter MO (13 years old) in mid of January. Currently this case ready for trial. Now she moved into her relative’s house and not go to school anymore.
Rape action lasted for a long time because previously no one knows because the perpetrator is always tricky and threatened to kill the victim if the victim does not want to obey his will or try to report the rape to someone else.
Sexual crimes against children have been frequent in Indonesia, but case like this is just like an iceberg phenomenon, to obtain estimates of the right or at least closer numbers to reality is very difficult because many cases unreported. Indonesian society still don’t have the courage to report these cases because it is still considered taboo in the family, they also think that these domestic issue is very privacy in a family.
1. Physical / Health Impact
Physical effects that can be experienced by victims are :
a. Damage to organs, such as the hymen, collapsed and died
b. Victims may be exposed to communicable diseases
c. Unwanted pregnancies
The possibility of pregnancy due to rape incest action if these people having child will carry the homozygot gene. Some diseases can be inherited through a recessive homozygot gene which can cause death to the baby ie fatal anemia, impaired vision to children aged 4-7 years which could effect in blind, albino, polydactyl and so forth. A genetic weakness and poor genetic history will grow dominant to the children.
Emotional disturbance experienced by the mother due to pregnancy affect fetal growth and development of pre-and post-birth. Moreover, many genetic diseases has a greater chance of emergence to the children that born from incest as a genetic disorder that causes mental health problems ( skizoprenia), mental retardation (idiot) and weak brain development.
2. Psychological Impact
Incest rape will make women living in a miserable life. Dependency and fear of the threat makes women can not resist being raped by her own father. It is very difficult for them to get out from it because they are highly dependent on the perpetrator and still do not want to open a disgrace of the man who basically they cared about and should be their protectors. As a result they are traumatized for life and psychiatric disorders.
The psychological impact suffered by victims are:
a. Disorders of sexual behavior
b. Severe Trauma / shock psychiatric (crying, isolate themselves, fear, self-blaming and suicide). This is commonly called Post Traumatic Stress Disorder (PTSD)
c. Difficult to concentrate.
d. Can not trust other people.
Rape by someone who is known, the father, in psychologically it takes a longer time to recover because the victims have memory against the perpetrators of rape, so victims will experience a very long fear. Rape against children is also caused many of them unable to continue their study anymore because they are embarrassed by the circumstances, until eventually it caused the destruction of their future.
3. The impact in terms of humanitarian
Universal conscience of humanity (in general) that civilized until today condemned this act as a crime against the human values that has sacrificed the moral feelings of the public.
4. Social Impact
In Indonesia, an incestuous relationship occurred in one family would cause the destruction of the family name in the public eye. Families can be ostracized by society and become the rumor the community. More important problem of child asylum cases of rape incest is that there is an unhealthy condition in a social context, relating to the social construction of the family. For example, people know the father and daughter as one family. But in case of incestuous rape cases, where the father impregnated her daughter, then when the child is born a child of the woman’s father then became a double status, father and grandfather.
ROLE OF THE STATE AND SOCIETY
Sexual crimes against children is a serious issue that should get priority attention from the State to immediately deal with it, because children who are victims have been humbled status and dignity, and will experience a long psychological trauma throughout her life. Role of the State becomes very important because the State has the obligation to preserve, protect and fulfill children’s rights.
Protection of children is all activities to ensure and protect children and their rights in order to live, grow, develop, and participate, in an optimal fit with the dignity of humanity, and get protection from violence and discrimination.
Perpetrators of rape against children in Indonesia can be arrested and subjected to punishment for violating the articles such as:
1. Article 81 paragraph 1 of Act No. 23 of 2002 on Child Protection
Any person who intentionally commit violence or threats of violence forced the children to do sexual intercourse with him or with another person, is punishable by a maximum imprisonment of 15 (fifteen) years and a minimum 3 (three) years and a fine of Rp300,000,000.00 (three hundred million rupiahs) and at least Rp60,000,000.00 (sixty million rupiahs).
2. Article 46 of Law No. 23 Year 2004 on Domestic Violence
Any person committing acts of sexual violence as referred to in Article 8 letter (a) shall be punished with imprisonment of 12 (twelve) years or a fine of not more Rp36.000.000, 00 (thirty six million rupiahs).
A lot of reporting, arresting and a maximum punishment given to the perpetrators of rape, but these crime is not reduced, even more to increase daily. If the perpetrators thinks that the punishment are not hard enough to make them refrain from doing such act, then cooperation with the community is require so this crime can be stopped, at least reduced in number.
Society as a social control including the school, the government, neighbors, friends and family should more caring and give attention to the situation that occurred in the vicinity. A little awareness that we have to consider other people will mean a lot to people who needs it. At least the perpetrators won’t be so brave committed rape if the people critical and look at the surrounding circumstances. Needs courage from various parties, especially family, to be able to see this
proportional and siding with the victims to uncover case.
Also, it’s not enough only put this rape problem against women as a moral issue, because this is also a problem of perspective and human reason; men’s perspectives on women and women’s perspectives on men.
The perspectives should be changed, that a father is a man who should have the awareness to take care of his family and its responsibilities as a leader in the family. A father does not just deserve to be respected, but also must appreciate his other family members. And women as wife and children, should be able to carry out its obligations properly, appreciate and cherish their family leader, appreciate and love themselves as individuals who have the same rights for life and able to resist and act decisively if their dignity as human beings have harassed and persecuted.
A daughter is the happy memories of the past, the joyful moments of the present, and the hope and promise of the future – Unknown