scholarly journals Urgensi Pengesahan RUU PKS sebagai Upaya Perlindungan Hukum Bagi Korban Revenge Porn

2021 ◽  
Vol 24 (01) ◽  
pp. 49-62
Author(s):  
Cindy Kang

Based on data obtained from the Annual Records of the National Commission on Women, the percentage of violence against women has increased by 792% in the past 12 years. In addition, cases of Online Gender Based Violence (OGBV) have increased 300% and the most cases are revenge porn cases. This proves that women are one of the most vulnerable subjects to become victims of violence, and violence against women is not only carried out in the real world but also in cyberspace. One of the most common OGBV cases is revenge porn, where a perpetrator threatens to spread pornographic content belonging to the victim online without the victim’s consent with the potential to damage the victim’s reputation. The absence of regulations governing revenge porn makes it difficult for victims to get legal protection. The existence of the Draft Law on the Elimination of Sexual Violence (RUU PKS) which specifically regulates the types of sexual violence has given rise to hope for victims in seeking justice. The purpose of this study is to examine the urgency of the ratification of the RUU PKS regardless of the pros and cons circulating in society in providing legal protection for the victims. This study uses a normative legal research method that emphasized data obtained indirectly, such as legal materials. The results of this study indicate that the existence of laws and regulations such as the Electronic Transaction and Information Act, the Pornography Law, as well as provisions in the Criminal Code are considered insufficient to provide legal protection for the victims. Therefore, it is necessary to ratify the RUU PKS as a legal umbrella to provide protection for the victims.

2020 ◽  
Vol 3 (1) ◽  
pp. 1-16
Author(s):  
A. A. Sagung Poetri Paraniti ◽  
I Wayan Wiryawan

Examining a number of issues of violence against women in Indonesialately, has placed women as victims for a very long period of time. This can be seen bythe variation in a number of cases of violence that have implications for all forms ofviolence ranging from physical to intimidation, harassment, humiliation and restrictionof rights as social beings even more visible and organized, namely in the form oftrafficking in women or the coercion of selling themselves. So that women in Indonesiaas a weak group must receive protection. Based on the background of the problemoutlined above, there are several important issues to be discussed further. The problemsare as follows: How is multicomplex legal protection for women as victims of violenceand discrimination, What are the obstacles faced in providing legal protection againstwomen as victims of violence and discrimination. Legal Use Theory. This type ofresearch used in this research is normative legal research which is a scientific researchprocedure to find the truth based on legal scientific logic from the normative side.Violence against women is any action that violates, inhibits, negates the enjoyment andneglect of women's human rights. Based on Komnas Perempuan data, the number ofreported cases of sexual violence in 2017 increased by 74% from 2016. Even in 2019cases of violence against women increased by 14% with a number of 406,178 cases. Theneed for guarantees of protection for women comes along with the awareness to providespecial protection because of the many problems faced by women such as physical andpsychological violence, discrimination, underdevelopment in various fields, and so on.Legal protection for women as victims of violence and discrimination is currentlyregulated in Indonesian law, namely the Criminal Code, Law Number 23 of 2004concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerningEradication Criminal Acts on Trafficking in Persons, Law Number 39 Year 1999Concerning Human Rights, Presidential Instruction Number 9 Year 2000 concerning Gender Mainstreaming (PUG), Presidential Decree Number 181 Year 1998 concerningthe Formation of the National Commission on Violence against Women or KomnasPerempuan, which was amended by Perpres Number 65 of 2005. Besides that, severalother forms of direct efforts made in providing legal protection for women are throughexisting institutions such as, Integrated Service Centers, and Legal Aid Institutions.There are several obstacles encountered in implementing legal protection againstwomen victims of violence and disks elimination which is caused by several factorsincluding, the substance of the law, law enforcement, culture, facilities and facilities. Forthis reason, there needs to be a number of improvements to a number of components thataffect law enforcement for violence experienced by women, both from human resourceslaw enforcement officers, the establishment of legislation that specifically regulateswomen, and maximizes a number of facilities related to the interests of victims of violenceso that implementation in providing legal protection to women can be properlyaccommodated.


2019 ◽  
Vol 27 (2) ◽  
pp. 93-123
Author(s):  
Nora F. Almosaed Nora F. Almosaed

All studies that take from violence against women as main subject for her, including western studies are focusing on violence against women in intimate relationships where the abuser is a husband or a life partner. In most MENA societies with its patriarchal culture women become victims of violence in an early age and without being in intimate relationship that is because the abuser might be the father, mother or brother. The purpose of this study is to explore reasons and types of violence that girls might be subjected to in the Saudi society, based on information gathered from 500 college girls where most of them are in age of eighteen to twenty years old. The main findings of the study are: the majority of the respondents seemed to agree on the existence of family violence in the Saudi society and in a way that is far more than it’s known. The respondents have also agreed that children regardless of their gender are the most victims of violence followed by wives and girls, 33.77%, 29.25% and 27.1% respectively. Fathers use violence in 37% of the cases, followed by mothers in 28% and brothers in 10% of the cases. 71% of the respondents have experienced violence as growing up and 24% are still dealing with it. As for the types of violence, girls are subjected to beatings, preventing them or threats to prevent them from education or work, sexual abuse, not taking their opinion in marriage or preventing them of marriage or marrying them in young age, verbal abuse and insults, seizure of salary or inheritance, imprisonment or prohibition of going out. Types and practices of violence that might not all or most of it are known to girls in other societies and/or harm that cannot be imagine or perceived by others.


2008 ◽  
Vol 1 (1) ◽  
pp. 85-95
Author(s):  
Shakila A. Rehman ◽  
Muhammad Shahid

Although gender-based violence is prevalent in all societies however it is more widespread in Pakistan. Women of all ages, from birth to old age, are victims of violence. The consequences of gender-based violence are devastating not only for women but for the whole family. Violence against women is mostly treated as a private matter and hence goes unreported and thus its actual prevalence remains little known. There are many forms of gender-based-violence. Among these, violence during pregnancy is some what less discussed. The present study examines some aspects of violence during pregnancy by the husband, and looks at its health consequences. The study was conducted in a Katchi abadi (unauthorized settlement) of Karachi, among poor women. Findings show that prevalence of violence by husbands during pregnancy is high among study population.


2019 ◽  
Vol 9 (3-4) ◽  
pp. 172-180
Author(s):  
Sunil Gambhir ◽  
Akash Deep Aggarwal ◽  
Aatika Mahajan ◽  
Ritu Setiya

This paper examines violence against women, with a special focus on domestic violence, along with sexual violence and sexual assault, in multidimensional perspective for the period of two years so as to understand its magnitude and its impact on the rights of women in the northern part of India. Among all such cases, there were 57.2% cases of domestic violence, 20.3% cases of sexual violence and sexual assault, 17.8% cases of attempted poisoning, 1.5% cases of homicidal burns, and 1.2% cases of attempted suicide. The greatest number of cases was recorded during the spring, followed by summer. It was observed that the greatest number of cases (60.24%) was recorded under the homemaker (housewife) category of women followed by the working category (26.80%). The greatest number of cases is seen in the age group of 20 to 30 years (42.77%), followed by the age group of 30 to 40 years (23.49%). A slightly higher number of cases (51.20%) was reported from rural areas. The greatest number of cases was recorded under the domestic violence category. The second highest percentage of cases reported involved sexual violence and sexual assault. The greatest number of married cases had a duration of zero to ten years (43.37%), followed by the unmarried category (19.87%). With reference to duration of violence, the greatest number of cases is seen in the age group of zero to six months (32.53%). The greatest number of cases is seen under the no child category (40.96%). Regarding the alleged perpetrator, the greatest number of cases is seen under the husband category (23.79%), followed by unknown category (22.28%).


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  

Abstract Violence against women is a pervasive human rights violation, which is still under-recognized despite some recent progress. From sexist ubiquitous online harassment, to physical and sexual violence that affects at least 1 in 3 women in her lifetime, this prevalent and large spectrum of violence constitutes a profound health problem. It affects women's physical and mental health, making its prevention one of the most far-reaching public health objectives. Public health research on this topic is lacking, and few large epidemiological surveys and cohorts collect data on this subject. However, research is much needed to bring to light the extent of the problem, and guide the development and implementation of effective interventions, policies, and prevention strategies. In this symposium we propose to shed light on some health effects of gender-based violence and discuss methodological issues associated with conducting research on violence against women. Through the presentation of four studies, we highlight challenges in the framing of research questions, and in defining exposure variables and collecting data in standard epidemiological studies. We also reflect on barriers and enablers we encountered and brainstorm action levers for pragmatic and ethical intervention studies. Between them, the four studies cover various types of violence and health outcomes, and touch on the involvement of several health and healthcare stakeholders. First, Barbier et al describe the prevalence of physical, sexual and psychological intimate partner violence against European women, as well as perpetrator's characteristics, using data from the European Union Agency for Fundamental Rights survey on violence against women. Second, Miani et al. reflect on the potential and limitations of using standard hospital records to measure violation of a woman's integrity during childbirth (e.g. obstetric violence) in Germany. Opportunities for intersectional analyses are also assessed. Third, El-Khoury et al. present results from the French Health barometer, a general population telephone survey, which recruited more than 25,000 adults aged18 to 75 in 2017. This first analysis quantifies sex-differences in the effect of sexual violence on suicide risk. Using adjusted mediation analyses, sexual victimisation was found to explain 49% and 40% of the increased risk women have compared to men in suicidal ideation and suicidal imagery respectively. Last, Hatem et al present preliminary results of a pilot study and the protocol of a future intervention study in the French “Maison des Femmes” (House of women), a center which provides medical, social and judicial support and care for women victim of violence. We discuss pragmatic and ethical concerns, difficulties and importance of such intervention studies. We conclude the session with a discussion with the audience, providing an opportunity for interdisciplinary dialogue and feedback on international experiences. Key messages Violence against women (VAW) is a widespread phenomenon taking many forms; similar to its effect on women’s health. VAW should be accounted for in all large epidemiological studies, using appropriate terms and measurement strategies.


Temida ◽  
2008 ◽  
Vol 11 (3) ◽  
pp. 111-124
Author(s):  
Ivana Vuckovic

The main issue in this work is men's violence against women as a hate crime. The author analyzes this through a feminist perspective considering the relevance of basic facts and concepts such as gender, gender roles and socialization, power, patriarchy and women's rights. The author analyzes the position of women victims of men's violence on both the international and national level, and their legal protection, in general and especially in Serbia, using a victimological approach.


2021 ◽  
Vol 9 (2) ◽  
pp. 101
Author(s):  
Dian Febriyanti ◽  
Pratiwi Retnaningdyah

The aim of this article is to analyze the types of violence against women depicted in Eka Kurniawan’s Vengeance Is Mine, All Others Pay Cash also to reveal the process of several female characters from being disempowered (after received violence by men) to empowering themselves. Those are global and common issues that society would face every day. This study uses thematic analysis on the basis of Gender-based Violence (GBV) to categorize the type of violence based on a theory of feminist by Beauvoir and also using Naila Kabeer’s perspective to reveal that violence affect women in empower and disempower ways. The female characters that receive violence are Scarlet Blush, Iteung, Young Widow, and Jelita. The types of violence that occurred are sexual violence, physical violence, verbal violence, and psychological violence. However, the result of women’s empowerment only causes Iteung itself, she is the only one who can survive and be empowered after fighting against patriarchal culture, while Scarlet Blush is the opposite.


2020 ◽  
pp. 145-172 ◽  
Author(s):  
Nomi Dave

This chapter examines the limits of musical activism by considering some of the varied ways in which music has addressed women’s rights and gender-based violence in Guinea. It centers around the case of a young Guinean rapper who was recently charged with sexual assault, and whose case generated intense criticism from feminist activists and intense support from his fans. The chapter considers two songs closely connected to the case: one that calls for an end to violence against women, and one that calls on women to forgive him. These two songs seem to reflect radically divergent views on gender-based violence. But they are both linked to an underlying ambivalence about women’s rights on the behalf of musicians, audiences, and the state. Survivors of sexual violence are absent in both cases, erased by a politics of forgiveness that calls on them to forget and to be forgotten.


Author(s):  
Nataliia Kramarchuk

The article describes the process of establishing mechanism for preventing, punishing and eliminating violence against women in the European region and outlines the main components of such mechanism. The main non-binding Council of Europe instruments on violence elimination against women, namely the Declaration on Policies for Combating Violence against Women in a Democratic Europe (adopted at the 3rd European Ministerial Conference on Equality between Women and Men (Rome, 21-22 October 1993) and Council of Europe Committee of Ministers Recommendation Rec(2002)5 to member states on the protection of women against violence are analyzed. The key developments of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence are characterized. It has been found that in the Convention, the phenomenon of "woman" and "femininity" is disclosed through the category of gender, but not through purely sexual biological traits. Both the concept of gender based violence and cross-border approach to violence against women have been considered. The main obligations of States with regard to the protection of certain categories of women who may be victims of violence due to their particular status, such as migrant women and refugees, are also discussed in the article. The main aspects of substantive law norms of the Convention have been analyzed. The monitoring mechanism of the Istanbul Convention, which consists of Committee of the Parties and the Group of Experts on Action against Violence against Women and Domestic Violence, has been described. It has been found that the case law of the European Court of Human Rights plays an important role in developing effective mechanism for combating violence against women. The high-profile case of the ECHR concerning the issue of violence against women (Opuz v. Turkey, 2009) has been discussed. A brief overview of the legal framework on violence against women in Ukraine has been provided. Key directions for the improvement of the Ukrainian national mechanism for combating violence against women have been suggested.


2019 ◽  
Vol 29 (1) ◽  
pp. 19-40
Author(s):  
Philipp Schulz

This article examines how male survivors of wartime sexual violence in Northern Uganda conceptualize justice. Whereas recent years have witnessed increasing consideration for redressing conflict-related sexual and gender-based violence against women, specific attention to justice for male-directed sexual violence remains absent. Drawing on the empirically-grounded perspectives of 46 male survivors, this article incorporates the seldom-heard voices and perspectives of male wartime rape survivors into debates about justice in the context of sexual violence, thereby contributing towards a gender-inclusive and holistic understanding of gender justice debates. The findings underpinning this article demonstrate that male survivors’ justice priorities primarily centre around three interrelated themes: (a) justice as recognition, (b) government acknowledgement and (c) reparative justice. According to male survivors, these three aspects of justice imply the potential to respond to the misrecognition of male survivors’ experiences and to remedy their sexual and gendered harms in a reparative and gender-sensitive capacity.


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