Marital Rape, Between Patriarchal Culture and Religious Beliefs
The numbers that went up and down did not indicate anything because these were incident reports received by Komnas Perempuan, both through NGOs in various regions that focus on violence against women and the police. Meanwhile, the actual number of incidents is unknown as long as they are not reported.
Deputy Chairperson of the National Commission on Violence Against Women, Mariana Amiruddin
National Comission on Violence Against Women’s (Komnas Perempuan) Annual Records state that Marital Rape cases reported in 2019 reached 192 cases and in 2020 there were 100 cases. Deputy Chairperson of the National Commission on Violence Against Women, Mariana Amiruddin said the numbers that went up and down did not indicate anything because these were incident reports received by Komnas Perempuan, both through NGOs in various regions that focus on violence against women and the police. Meanwhile, the actual number of incidents is unknown as long as they are not reported.
In July 2015, a fisherman named Tohari was found guilty by the Denpasar District Court, Bali and received a sentence of 10 months in prison. Tohari is facing the law after forcing his wife, Siti, to have sex. They were married for 34 years. Siti suffers from shortness of breath and heart disease with very weak condition when Tohari force her to have sex. She fell to the floor when giving resistance.
Siti had screamed for help until a neighbor came and told Tohari to stop what he was doing. But Tohari shouted at his neighbor and told her to leave. After that, Siti’s condition worsened because it turned out that she had an infection in her genitals, broken ribs and bruises on her chest. Their biological daughter reported the case to the police.
Quoted from the Supreme Court’s website, Tohari stated that he did not feel guilty. However, the Panel of Judges assessed that Tohari had violated Article 8 Letter a and Article 46 of the Law on the Elimination of Domestic Violence. This case is the second case of rape in marriage or Marital Rape in Indonesia.
The first case is the case of Hari Ade Purwanto, a resident of Pasuruan, East Java, who was 29 years old when the case emerged. On August 14, 2012, the Supreme Court decided to reject Hari’s appeal and sentenced him to 1 year and 3 months in prison.
The incident started when Hari picked up his wife from the office in July 2011. His wife refused to go with Hari at that time, but Hari threatened to hit his wife with a motorbike if she didn’t want to get on the motorbike and go home with him at that time. After his wife complied, Hari rode his motorbike at high speed and headed towards the forest. At the Forest, Hari pushed his wife to sit on the ground with threats and raped her.
Hari was reported to the police and charged with Article 46 of Law no. 23/204 concerning the Elimination of Domestic Violence (UU KDRT). At that time, Hari who was dissatisfied with the Pasuruan District Court’s decision filed an appeal to the Supreme Court on the grounds that the Pasuruan District Court had misapplied the law and misjudged the elements of Article 46 of Law 23/2004 and it was not proven that there was an element of sexual violence in the household and it was part of the sexual variation and after the incident still perform the obligations of husband and wife. This reason was later rejected and Hari still had to serve a sentence of 1 year and 3 months for raping his wife.
Confused Definitions and Inequality of Power Relations
To this day, the legal process for cases of rape in marriage or marital rape refers to Law of the Republic of Indonesia No. 23 of 2004 concerning the Elimination of Domestic Violence. The PKDRT Law provides a definition of domestic violence in Chapter 3 Article 8 in two points.
In point (a) Forcing sexual relations against people who live within the scope of the household, point (b) Forcing sexual relations against one person in the scope of his household with other people for commercial purposes and/or certain purposes.
The criminal provisions in the two cases mentioned above are contained in Article 46 which reads, anyone who commits an act of sexual violence as referred to in Article 8 letter (a) shall be sentenced to a maximum imprisonment of 12 (twelve) years and or a maximum fine of Rp. 36,000.000,- (thirty six million rupiah).
Mariana, saw the definition of marital rape in Indonesian Law no. 23 of 2004 is still ambiguous. She referred to the Draft Law on the Elimination of Sexual Violence (RUU PKS) which focuses on highlighting cases of sexual violence complete with its definition including Marital Rape in more detail.
“The most important thing is to define sexual violence,” said Mariana.
According to Mariana, the PKS Bill could be a solution in handling the Marital Rape case. Mariana said that the police’s understanding of Marital Rape was also an obstacle in this case.
The imbalance of power relations in a relationship is the cause of violence against partners which is often experienced by women.
Director of Rifka Annisa Women’s Crisis Center, Defirentia One Muharommah
In Indonesia, culturally, all bed problems or husband and wife sex life is believed to be an internal household problem. In fact, more victims choose to remain silent due to lack of insight and ignorance if coercion of sexual will by a partner is included as violence if no physical injury or loss of life has occurred.
Director of Rifka Annisa Women’s Crisis Center, Defirentia One Muharommah, sees that the imbalance of power relations in a relationship is the cause of violence against partners which is often experienced by women. Perpetrators who have power, whether it’s position, social status, economy, and so on, take advantage of situations of greater power to manipulate victims.
“In the case of sexual violence, I see that there is a dominant power relation factor,” said Defirentia.
Religious Beliefs or Patriarchal Culture?
Religion, in this case Islam, has already regulated the relationship between husband and wife
A Cleric from Surakarta, Central Java, Al Munawar
Back in the case of Hari Ade Purwanto, in his defense, Hari, who is a Muslim, cites a hadith which states that what the victim witness did was fulfill the husband’s right to have marital relations. What the defendant did in the forest according to the Jam’ul Fawaid book, a chapter about the rights of each husband and wife is explained in the book. The Book of Jam’ul Fawaid is a collection of books of knowledge from muslim scholars which discuss various rules of Islamic life.
In that chapter, it is narrated when the companions of Mu’adz prostrated to the Prophet Muhammad and were forbidden. Then the Prophet Muhammad said, verily if it is permissible to prostrate between people other than Allah, surely Allah will command a wife to prostrate to her husband. The defense, which was later rejected by the Panel of Judges, was called Mariana as an example of a wrong understanding of the husband and wife relationship in Islam.
An Ulema from Surakarta City, Al Munawar, explained that religion, in this case Islam, has already regulated the relationship between husband and wife. There are rules contained in the Qur’an regarding the etiquette of conjugal relations and there are traditions about how a husband should treat his wife. In the Qur’an, Surah Al Baqarah verse 222 strictly forbids sexual intercourse when the wife is menstruating.
The Prophet Muhammad, in a hadith also ordered husbands to consider the condition of their wives and not to force sexual relations because both parties must be equally prepared and not feel burdened as exemplified by the Prophet Muhammad in treating his wife. This hadith was narrated by Ibn Majah and reads “The best of you is the one who treats his wife best. And I am the best of you all to my wives.”
“The wife must obey her husband, but must see the situation and conditions. In essence, husband and wife relations must be carried out on a consensual basis, there are already rules about what can and cannot be done,” he said.
A hadith narrated by Abu Dawud and An-Nasa’i states that “Cursed is the one who has intercourse with his wife through his anus”. Furthermore, in Surah Al Baqarah verse 223 it is stated that sexual intercourse can only be done through the vagina which is likened to a fertile field and is ready to be fertilized, not through any other way.
“When someone uses religion to justify forcing sexual will on his wife, then he can be sure he has the wrong understanding of religion,” said Mariana.
Mariana and Defirentia both said that the patriarchal system that is entrenched in society, especially in Java, which even considers wives to be “kanca wingking” friends who work together behind and must be devoted to their husbands plays a more important role in the occurrence of marital rape than religion or beliefs held by a marital actor. rape.
They hope that the Government will give its side and immediately ratify the PKS Bill so that Marital Rape victims have the courage to speak up and demand justice because of legal guarantees. Meanwhile, according to a SPEKHAM (Women’s Solidarity and Human Rights) activist, Rahayu Purwaningsih, the most feasible thing to do right now is to educate the public.
“People should know that marital rape exists and not look at it cynically or laugh at it because they think how a husband can rape his wife,” said Rahayu.
