Delivering Justice: Helping Victims of Sexual Violence in Indonesia by Training Advocates and Paralegals

In 2022, the Indonesian government passed comprehensive legislation to counter the growing problem of sexual violence in the country. The legislation, first proposed in 2012, overcame years of contentious debate to become law.

Since the law’s passage, the effort has turned to training the various officials and agencies in Indonesia responsible for implementing it. That is the focus of The Asia Foundation and one of its partners, the Makassar Legal Aid Institute, or LBH Makassar, an independent organization in the country’s South Sulawesi province dedicated to providing access to justice for poor and marginalized people.

In 2024, LBH Makassar received 315 legal aid requests, with 122 related to violence against women and children. Of these, 55 were cases of sexual violence—an increase from 48 cases in 2023. Thirty-three of the victims were minors, aged 14 to 18. Adult victims ranged from 19 to 45 years old. Many cases involved perpetrators known to the victims, such as neighbors, uncles, stepfathers, and teachers. One case in Laniang, City of Makassar, involved a disabled female student. Violence often occurred within dating relationships and included harassment, rape, and online sexual abuse.

Out of the 55 cases of sexual violence against women and children that LBH Makassar received last year, most could not proceed to court due to a lack of sufficient evidence. Despite the new law, a significant barrier to gathering the needed evidence is the victim’s lack of trust in the authorities and the absence of protection or recovery support after they report an incident, leaving them feeling stressed, ashamed, and vulnerable.

In addition, many cases do not move forward because they are stopped or resolved by the police, with some instances of police driving victims to drop charges.

Cases that do move forward are sometimes slowed by the limited number of pro bono lawyers. Many lawyers are hesitant to take on sexual violence cases because of the lengthy and emotionally demanding process, from gathering evidence and reporting to the police to monitoring the case through trial and execution.

The law enforcement system’s handling of sexual violence cases is also problematic. Victims, often women and children, are sometimes questioned by male officers in public settings, increasing their trauma and discouraging them from speaking out. Insensitive questioning methods further add to their pain, making many choose silence over justice.

Developing coordination among government institutions and law enforcement officers remains challenging. Differing views and priorities on handling sexual violence crime prevent effective coordination, especially in securing safe houses and collecting detailed information as evidence. In some instances, corruption, transactional activities, and a lack of transparency and accountability in the due process of law have made things worse.

Law enforcement officials and government agencies often treat cases as routine paperwork, prioritizing procedures over substantial examination. Although rules are in place, there are minimal oversight mechanisms to ensure the regulations are properly followed and the due process of law is engaged. This lack of accountability is typically due to poor leadership. When officials are apathetic and disengaged, they foster a culture where urgency and responsibility are absent. As a result, reports of sexual violence from legal aid groups and paralegals are frequently delayed, or there is no action.

TAF and LBH Makassar are working to change all this through the Capacity Building for Defense Bar program. LBH Makassar has trained partner civil society organizations, or CSOs, to be more sensitive and effective in advocating for survivors of sexual violence. Through the program, LBH Makassar has increased the number of trained and committed paralegals in South Sulawesi, particularly in Makassar City, to about 25, all working voluntarily. Meanwhile, 20 trained lawyers are now equipped and ready to advocate for victims with skills and confidence. This program has also helped unite previously divided bar associations. Their willingness to collaborate has grown, breaking organizational barriers and fostering teamwork.

LBH Makassar is working with other organizations, such as the Indonesian Women Association for Justice Legal Aid Institute Makassar, the Indonesian Family Planning Association, and local bar associations, to better understand the root causes of violence and practical solutions. Together, they have started joint efforts to improve the skills and knowledge of lawyers in handling cases of violence against women and children, especially cases of sexual violence in Makassar’s province of South Sulawesi.

Furthermore, through another of TAF’s programs—the Australia Indonesia Partnership for Justice 2—LBH Makassar and other organizations have regularly met with the Makassar City Women’s Empowerment and Child Protection Agency, the Child and Women Protection Unit of the Makassar Police, and bar associations. These meetings led to an agreement to conduct joint training sessions aimed at improving how all parties handle sexual violence cases. Organizations like the Indonesian Women Association for Justice Legal Aid Institute Makassar, Indonesia Judicial Research Society, the National Commission on Violence Against Women, and the Indonesian Child Protection Commission are involved in providing training materials and leading discussions for government and law enforcement officials.

As a result of the ongoing joint activities and regular meetings, the attitudes of the police and the Makassar City Women’s Empowerment and Child Protection Agency have improved significantly. The most noticeable change is the police and agency’s increased openness to involving relevant parties in case examinations and their shift toward understanding crimes through a socioeconomic lens.

A police commissioner who previously served as head of the Makassar Police Child Protection Unit recently said: “In our experience serving in the Child Protection Unit, it is not only the community shelter that brings victims to us, we also refer victims to shelters when they lack a safe place or family support. … Going forward, we hope all stakeholders, including legal institutions and external legal entities, can work hand in hand.”

The network among police, advocates, CSOs, and the Child Protection Unit at the provincial and city levels is now stronger than ever. Informal coordination has become more common, especially when new cases arise. Government officials are increasingly open to working together on victim recovery, recognizing they cannot do it alone.

Despite the progress, more work is needed to build strong and consistent commitment within government institutions. So far, coordination between the government and CSOs has relied heavily on the personal dedication of individual staff and leaders. However, when leadership changes, performance often regresses if the leaders lack the will to drive progress.

Going forward, consistent collaboration through a shared platform for meetings and coordination will be essential. This requires committed individuals or institutions to keep communication and cooperation going. Without this, efforts may be wasted, and contributions may be forgotten, especially if some interests are not represented.

LBH Makassar will serve as a hub to sustain this spirit. It will continue to foster strong relationships and coordination among institutions to support shared goals—advocating for victims of sexual violence and promoting law enforcement for cases involving women and children in Indonesia. LBH Makassar may hold regular coordination meetings to share experiences and best practices and discuss related issues.

There are still other problems that need to be solved. While the shortage of lawyers is being addressed, there is a lack of psychologists to support victims’ recovery. Many victims don’t receive the help they need simply because there aren’t enough psychologists willing to work pro bono.

Thus, TAF will continue working with LBH Makassar and expand its partner portfolio to engage relevant multidisciplinary-based civil society organizations to promote judicial reform in Indonesia and provide needed services and justice for survivors of sexual violence.