Burden of Proof

In the context of criminal procedure law, Article 184 of the Criminal Procedure Code stipulates that valid evidence consists of witness statements, experts, letters, clues and statements from the defendant.

Meanwhile, Article 183 of the Criminal Procedure Code emphasizes that a judge may not impose a sentence on a defendant unless there are at least two valid pieces of evidence, and the judge is convinced that a criminal act has actually occurred and that the defendant committed the act. This means that in every criminal case, at least two valid pieces of evidence are required and accompanied by the judge's conviction.

The implication of the limitation of evidence requirements is that, in cases of sexual harassment, victims often face difficulties in reporting the incidents they experience because they are constrained by the minimal availability of evidence.

Many cases of sexual harassment are not easy to prove in the criminal justice system, because the act is often carried out in a closed room, and is only known by the victim and the perpetrator.

A similar point was also made by the National Coordinator of the Service Providers Forum for Women Victims of Violence in Indonesia, Siti Mazumah. She revealed that for victims of alleged sexual violence, bringing their case to court is not an easy matter.

Often, she finds victims being asked to prove for themselves the events that befell them by law enforcement officials. In fact, according to her, law enforcement officials should be able to carry out the investigation process without burdening the victim with the obligation to prove it.