Evidence in the TPKS Law

With the rise of sexual harassment cases and not a few victims being constrained in the matter of evidence, it is very necessary to have the availability of legal instruments that can accommodate the interests of victims which regulate alternative evidence efforts in sexual harassment cases more comprehensively.

Because, in reality, the number of sexual harassment cases can decrease if there are appropriate regulations and optimal actions by law enforcement officials in providing legal protection for victims who previously faced a steep legal process due to minimal requirements in evidence that tend to be formalistic, without considering a sense of justice for the victim.

However, after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS), it sparked new hope for the public. This law provides a much broader range of perspectives in terms of proving sexual harassment cases, which were previously limited in Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). That way, the settlement of similar cases can be handled more effectively through an approach that pays more attention to the needs of victims.

Furthermore, the evidence used to prove the existence of a sexual harassment crime is regulated in Articles 24 and 25 of the TPKS Law. For example, Article 24 states that valid evidence in proving sexual violence crimes includes evidence regulated in criminal procedure law, other evidence in the form of electronic information and/or electronic documents in accordance with applicable laws and regulations, as well as evidence used in the implementation of criminal acts or as a result of sexual violence crimes and/or objects related to the crime.

In addition, evidence can also be in the form of witness statements obtained through examination of witnesses and/or victims during the investigation stage with electronic recording. The evidence in the form of letters includes letters of information from clinical psychologists and/or psychiatrists/specialist doctors of psychiatry, medical records, forensic examination results, and/or bank account examination results.

Statements from witnesses and/or victims are sufficient to prove the defendant's guilt, as long as they are accompanied by one other valid piece of evidence, and the judge is convinced that the crime did occur and that the defendant committed it.

If the availability of evidence is very limited, for example, witness testimony can only be obtained from the victim, or witness testimony is not given under oath, then its evidentiary strength can be strengthened by testimony from witnesses who have information that is indirectly related to the crime as long as the information is relevant (witness testimonium de auditu)

With the new provisions in the TPKS Law, the evidentiary process in sexual harassment cases is now more open and flexible, providing more space for victims or survivors to prove the crime they experienced without having to be trapped again in the strict formal requirements of criminal procedure law.

The hope is that the law will provide better justice for victims, as well as optimize the legal process in cases of sexual violence. With better regulations, protection for victims becomes more maximal, and law enforcement officials can work more effectively in enforcing the law, especially regarding criminal acts of sexual violence.