Mansyardin Malik, father Taqy Malik, was accused of forcing his wife, Marlina Oktoria, to engage in deviant anal sex. Komnas Perempuan explained that cases like this are also still within the scope of the PKDRT Law even though the status of the wife is siri.
“If you refer to the Law on the Elimination of Domestic Violence, what is meant by sexual violence includes forced sexual intercourse carried out against people who live within the scope of the household, including forced sexual intercourse by husband to wife or vice versa. In the context of the PKDRT Law, basically marriage does not require a registered marriage or not. Siri marriage is still included in the scope of the PKDRT Law,” Komnas Perempuan Commissioner Siti Aminah Tardi told reporters, Monday (13/9/2021).
However, Siti explained that sexual violence committed by a husband against his wife is a complaint offense. This case can be considered a criminal act if the injured party reports to the police.
“However, the PKDRT Law stipulates that sexual violence perpetrated by a husband against his wife or vice versa is a complaint offense. That is, it only becomes a criminal act when the injured party complains to law enforcement officials,” he said.
He explained that for sexual violence in a husband and wife relationship, the National Commission for Women’s Catahuan records it every year as part of domestic violence (KDRT). That is, in 2018 there were 195 cases, in 2019 there were 100 cases, and in 2020 there were 57 cases.
In addition, he reminded about the importance of legal marriages that are religiously and registered. This is important in order to be able to file for divorce immediately if there is domestic violence.
“Komnas Perempuan also reminds the importance of marriage in accordance with the Marriage Law, which is legal by religion or belief and registered. So that when the wife is about to end her marriage, it can be done immediately through a divorce lawsuit and not relying on her husband to impose divorce. before doing isbat marriage in the religious court where he lives,” he said.
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