The importance of anti-sexual violence policy in the workplace
Written by Maria Ermilinda Hayon | Read in Indonesian
The Law on Sexual Violence Crimes (TPKS Law) was ratified at the Plenary Session of the Indonesian House of Representatives on 12 April 2022. This law brings a breath of fresh air to the realisation of protection against sexual violence anywhere, including in the workplace.
The TPKS Law strengthens the Manpower and Transmigration Ministerial Regulation No.SE.03/MEN/IV/2011 concerning Guideline on the Prevention of Sexual Harassment in the Workplace. Thanks to the presence of the TPKS Law, the types of sexual harassment that are covered and regulated under the penal policy are more detailed.
Sexual violence in the workplace deserves attention due to the high number of victims. Throughout 2021, according to the Annual Records (Catahu) of Komnas Perempuan, there were 108 cases of violence in the workplace.
The cases consisted of violations of basic rights, such as the right to decent work and the right to be free from discrimination and violence, including sexual violence.
There were eight cases of sexual violence in the workplace that were reported to Komnas Perempuan cosisting obscenity, sexual harassment and rape. These cases occurred in private companies, government institutions, as well as non-governmental organisations.
The main factor that is believed to be the cause of sexual violence in the workplace—even repeatedly–is that sexual violence has not been fully considered as human rights violation related to the work system in an institution or organisation. In other words, it is still seen as a personal problem.
As a result, there is often an absence of corporate mechanism through standard operating procedure (SOP) that is integrated into internal policies that could serve as an effort to prevent and handle cases of sexual violence in the workplace.
Moreover, the knowledge and awareness of workers and trade unions about sexual violence is still insufficient.
As a matter of fact, the effect of sexual assault is not only psychological or physical; it also drags down work productivity which is detrimental to both the company and the individual.
Therefore, it is time for every institution, company and organisation to have clear anti-sexual violence policy.
The question is, how should anti-sexual violence in the workplace policy be made? And how to report cases of sexual violence in the workplace?
The following summary can help institutions, companies, or organisations write anti-sexual violence policy and for workers to find the right solution when experiencing sexual violence.
The company's role in regulating prevention, recovery
Institutions, companies, or organisations must have rules and code of ethics for their employees. The rules cover the way employees connect with and respect their co-workers regardless of gender and background. Therefore, sexual violence in the workplace violates the company's code of ethics.
However, many institutions, companies, or organisations do not have specific rules regarding the prevention of sexual violence, harassment and exploitation. Some have standalone regulations related to sexual violence, but sometimes those regulations have not been specified in a more detailed SOP. The outcome is that employees were at a loss when facing sexual violence.
“There are two things in general that a company needs to have. First, a policy regarding sexual violence. Next is the derivative regulation. The derivative rule needs to cover five aspects, namely prevention, reporting, handling, protection and recovery," said Director of the Pulih Foundation Yosephine Dian Indraswari.
The prevention aspect regulates the course of education for all workers regarding acts that are defined as sexual violence in the workplace.
The reporting and handling aspects regulate the procedure for reporting and case handling. The party that will handle the case and the time it takes to handle the case should be clear. That is because some cases are left untouched as there is no specific deadline from the time the complaint is submitted until it is followed up.
The protection aspect is carried out by providing assistance to accommodate the security of the victim. That is because the safety–both physical and psychological–of sexual violence victims is very vulnerable, especially when they dare to speak and the perpetrator is their superior. The safety of the victims’ companions must also be guaranteed.
Lastly, the recovery aspect. Institutions, companies and organisations are required to have a channel that connects victims to professionals, such as hospitals, clinics and psychiatric institutions.
“There must be technical derivative rules that can be easily understood by everyone in the institution, both organisations and companies. For me, technical derivative rules are also important because they will be very helpful for the person carrying out the task. So the effort doesn't stop at the general policy level,” Dian explained.
HRD must be a safe space to receive reports of sexual violence
But what happens if there is no clear rule, but sexual violence in the workplace has occurred?
For victims, the first thing that they need to do is collecting evidence and gathering their courage to report the case. Where to?
CEO and Coach of HR Academy Srie Wulandari suggested that victims make a report to their office first, especially to the human resources development (HRD) department. Therefore, the HRD department must be a safe space for employees. In responding to reports, the company must be wise and neutral.
“A company usually doesn't have to side with anyone. They must stand in the middle and be wise in solving the problem of every employee. Every report must be investigated," Wulan said.
This stance must be taken especially in receiving complaints, following up, investigating and interrogating people related to the case.
Komnas Perempuan Commissioner Siti Aminah Tardi shared Wulan’s opinion, saying that the HRD department is obliged to handle problems, including accommodating the wishes of the victims about their desired settlement process.
However, if the victim does not feel safe and comfortable to file a case with the HRD department, they can reach out to Komnas Perempuan.
“We also handle cases like these. The case could be handed over from the HRD department to Komnas Perempuan, or from Komnas Perempuan to service institutions and then to the HRD department. It depends on the readiness and choice of the victim. Some victims are worried that if they are going to the HRD, they will get sanctioned, laid off, reprimanded, or others worries. There are concerns like that, so we need information or support first," Ami concluded.
Complaints can be made through the Complaint Unit for Komnas Perempuan Referral by downloading the complaint form on the komnasperempuan.go.id page, via telephone at 021-3903963, email to complaints@komnasperempuan.go.id, social media or visiting the Komnas Perempuan office. (*)
