Domestic Violence and Victim Rights in Indonesian Law concerning the Elimination of Domestic Violence

By Arief, Hanafi | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Domestic Violence and Victim Rights in Indonesian Law concerning the Elimination of Domestic Violence


Arief, Hanafi, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Violence in the home or domestic violence is always identic with violence against women, especially in the realm of the family. This is because in addition to women being the most victims of this crime (Arief, 2016), it is also because the development of criminology in women's perspective is now in line with the development of feminist thinking (Supatmi and Sari, 2007). The UN Declaration on the Elimination of Violence Against Women states that violence is an unequal manifestation of power relations between men and women, resulting in oppression or discrimination against women. Moreover in everyday women are considered to have a weak nature and are in a marginalized position. When viewed from the legal perspective, the problem of domestic violence is very interesting to discuss. This is due to the perception that the present law is considered not really provide adequate protection for victims of violence (Rokhmad & Susilo, 2017). Even law is often used to justify forms of violence. Domestic violence can harm the victim's physical and mental conditions in long term (Mulia, 2002). Domestic violence in the world increases every year (Women's Aid Organisation, 2017). The United Nations Organization report states that one in three women around the world receive violence due to female status. In India, an estimated 25,000 brides die per year due to dowry. In Middle Eastern countries like Jordan, Pakistan, Syria, Iraq and some countries in the Persian Gulf, honor killing is reported that women who was raped killed by his own family in order to preserve the honor of the family (Arief, 2016; Sev'er & Yurdakul, 2001; Odeh, 2010; Chesler, 2010; Ruggi, 1998; Kulczycki & Windle, 2011). A UN-implemented 2010 study worldwide estimated that 150 million girls under the age of 18 were sexually abused 80% of 800,000 women, and girls are trafficked each year 70% for sexual purposes. According to the United Nations, domestic violence resulted in losses of approximately USD 1.16 billion annually in Canada, USD 5.8 billion annually in the United States and USD 11.38 billion per year in Australia. All that does not include the cost of service and maintenance of health related to the violence (http://insightsabah.gov.my).

Although the conditions, position and status of Indonesian women are better than their counterparts in the Middle East countries, domestic violence is not entirely lost. The Indonesian National Commission on Women revealed that by 2016 there were 259,150 cases of violence against women, where most cases handled by the Religious Courts ended in divorce (www.bbc.com). Although the Domestic Violence Law has been enacted in Indonesia since 2004, the massive cases of domestic violence have made laws not optimal in determining social behavior and suppressing violence threatened by criminal prosecution. Socially, the society culture is still patrilineal nuance so it is still difficult to assess the legal awareness. In addition, this happens because some of the apparatus are less gender sensitive. This paper aims to identify the rights of women victims of domestic violence according to Law No. 23 of 2004 on the Elimination of Domestic Violence. This paper uses normative legal research, in the form of descriptive analysis. The research material is derived from the library and the other responsible sources to get the latest materials. This paper uses normative legal research, in the form of descriptive analysis. The research material is derived from the library and the other responsible sources to get the latest materials.

Domestic Violence in Conservative and Feminist Dialectics

Basically, women's rights in households are usually closely related to the rights concerning marriage and family relationships. Basically, Indonesian women have equal rights and obligations with their husbands in the household. However, some legal barriers have limited women's freedom. For example, the 1974 marriage law implicitly determines that women are in charge of taking care of the household and the husband as the head of the family. …

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