NOBAR NOP #9 (Hanging Out Together Never Okay Project) is a series of discussions about harassment and sexual violence. This session raises the theme of the Difficulties Victims of Sexual Violence Face in Accessing Justice. The minimal discussion or cases exposed by the media is the reason this topic is brought to light.

Moderated by M. Firhat (Never Okay Project), NOBAR NOP #9 invites 3 speakers, namely

• Justitia Avila Veda – Gender Advocate

• Ellen Kusuma – SAFEnet Beware of KBGO!

• Alvin Nicola – Never Okay Project

Culture Cancel Culture Against Survivors of Sexual Violence in Indonesia

In this discussion, the speakers explain the reasons why survivors struggle to seek legal justice. Starting from inadequate legal instruments, the lack of progressive mindset from authorities, to the negative reactions of the social environment.

Closely related to misogynistic views misogynistic and culture victim blaming, Ellen emphasizes the poor culture of cancel culture and its effects on survivors. The high level of curiosity from netizens becomes a crucial point in this matter.

Excessive curiosity drives netizens to dig as deep as possible into the history of survivors who share on social media. So, what do netizens do next?

Prejudice against victims occurs, and then netizens judge that this is karma for the victim. Ellen and Veda focus their attention on this. It is important not to link the victim's history with the circumstances the victim faces now. Instead, we must show sympathy and stand by the victim.

“Sexual violence is one of the hardest forms of violence to prove, the hardest to seek justice for, and violence that can linger in the victim's mind (trauma),” says Ellen.

ITE Law: Beneficial for Survivors?

On the contrary, the ITE Law is like a double-edged sword. Instead of being advantageous, the ambiguous articles in the ITE Law actually jeopardize the position of survivors. The courage that victims have gathered to share on social media can vanish just like that. Why does this happen?

Ellen reminds that before sharing the incident (spill the tea) on social media, victims must be prepared for all the reactions from netizens. They can be triggered to commit doxxing, and end up entangled in Articles 27 paragraph 1 and 3 against the survivor.

It is important to weigh the safety of the survivor before deciding to share on social media. Doxxing should not be taken lightly and is likely to end with cancel culture against the victim.

Read also: Report on Violence and Sexual Harassment Data in the Workplace 2018-2020

Regulations Regarding Sexual Violence in Indonesia

From previous discussions, views on the mindset of law enforcement officers that are not progressive are often highlighted. The reality that legal personnel only “read the law” without “understanding the law” is expressed by Veda.

Proven by the gender-insensitive behavior leading to structural violence against survivors. This fact impacts the reluctance of victims to fight for justice. This is due to skepticism towards the existing system and the patriarchal system that harms survivors.

Alvin emphasizes the importance of efforts to reform the legal system, cultural structure, and legal substance. Indonesia needs to have adequate legal instruments to address increasingly diverse cases of harassment and sexual violence. This is because findings in the law enforcement process in the field actually harm the victim. For instance, “ITE Law which is often used to silence victims,” said Veda.

Veda shares interesting facts about the difference between content creation and content distribution without consent. Law enforcement still misunderstands this, leading to bias in handling sexual harassment cases.

Read also: Report on Sexual Harassment Survey in the Workplace During WfH

So, What Can We Do?

All three speakers agree that sharing about cases of sexual harassment experienced is not easy for victims. As trusted people, the first reaction should be to believe the victim. It is important to always obtain consent from the victim before taking further steps.

For survivors, realize that you are not alone. There are still many people who care and want to help. “So, do not hesitate to reach out to these people, and believe that this will soon end even if it takes a long time,” said Veda.

It should be noted, Indonesia is among 59 countries in the world that do not have legislation regarding protection for workers from sexual harassment in the workplace.

Never Okay Project, along with other communities, is and will continue to support legal reform to be stronger. We believe that survivors of harassment and sexual violence have the right to legal justice.

Check out the full conversation on our YouTube channel!

References:

Council on Foreign Relations. (n.d.). Women’s workplace equality index: Leveling the playing field. Council on Foreign Relations. Retrieved October 23, 2021, from <https://www.cfr.org/legal-barriers/>. 

Jonesy. (2021, July 28). Effective tips against misogyny. Tips to Prevent Us from Becoming Misogynistic. Retrieved October 23, 2021, from <https://magdalene.co/story/tips-agar-kita-tidak-misoginis>. 

Nair, S. (2019, November 3). International Harassment Regulations for Employers. business.com. Retrieved October 23, 2021, from <https://www.business.com/articles/international-metoo-hr-regulations/>. 

Tim CNN Indonesia. (2021, September 24). Understanding cancel culture, The Trend of Boycotting Others. lifestyle. Retrieved October 23, 2021, from <https://www.cnnindonesia.com/gaya-hidup/20210924122432-277-698917/mengenal-cancel-culture-ramai-ramai-memboikot-orang-lain>.