scholarly journals Perlindungan Hukum Bagi Perempuan Korban Kekerasan Nonfisik Dalam Rumah Tangga Menurut UU No. 23 Tahun 2004 di DKI Jakarta

2019 ◽  
Vol 2 (1) ◽  
pp. 1265
Author(s):  
Wenny Juliani ◽  
Aji Wibowo
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Women Victims ◽  
Violence Against Women ◽  
Physical Violence ◽  
Legal Protection ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Temporary Protection ◽  
First Time

The Act Num. 23/2004 about the Abolition of Domestic Violence regulates about the provision of protection and restoration for victims, which are the must given to fullfil the victims’ right, and also the criminal sanctions for perpetrators. According to the Act, this kind of violence divided into four categories, There are physical abuse, psychic abuse, sexual abuse and household neglection. By taking some data about violence against women in Jakarta, the problems formulation for this journal are: What the form of legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta; and how the implementation of the legal protection for women victims of non-physical violence in the household according to the Act Num. 23/2004 in Jakarta. The method that used to write this journal is normative legal research, which is supported by some interviews with parties who do work in the field of fulfilling women's welfare and rights. In the act Num. 23/2004 there are two types of protection, they’re temporary protection and protection based on court stipulations. On the implementation, from the very first time that the protection given until the recovery, each process involves professionals in their respective fields. It is important, so that the victim can get the immidiate and right treatment. However, the implementation of the provision of protection and restoration to the victims still faces various obstacles, both in terms of substance, structure, and culture of the community.

scholarly journals LEGAL PROTECTION AGAINST WOMEN VICTIMS BY THE INDONESIAN DOMESTIC VIOLENCE ACT 23, 2004

2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanafi Arief
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Crimes Against Humanity ◽  
Library Research ◽  
Presidential Decree ◽  
International Conventions ◽  
Strong Culture ◽  
United Nation

Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family

scholarly journals Legal Protection of Women as Victim of Domestic Violence

2020 ◽  
Vol 1 (2) ◽  
pp. 243-258
Author(s):  
Fence M Wantu ◽  
Mohamad Taufiq Zulfikar Sarson
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Field Research ◽  
Criminal Investigation ◽  
Primary Data ◽  
Service Unit ◽  
Library Research

This study aims to determine the extent of legal protection by the Women and Children Service Unit (PPA) of the Gorontalo City Resort Police Criminal Investigation Unit against women as victims of domestic violence and to find out what factors are obstacles to the efforts of the PPA Unit of the Criminal Investigation Unit Gorontalo Resort Police in tackling violence against women victims of Domestic Violence. Data collected through interviews and library research. Analysis of the data used is the data obtained will be analysed descriptively qualitatively describing the data obtained from field research (primary data), tested the truth then linked and analysed qualitatively with data obtained from library research (secondary). The results showed a form of legal protection by the PPA Unit of the Gorontalo Police Resort Criminal Investigation Unit against women as victims of domestic violence, namely preventive efforts by holding legal counselling in collaboration with the local government and further optimizing the performance of the Gorontalo City Resort Police Especially the PPA unit, repressive efforts that are in accordance with the rules of the Domestic Violence Protection Act. What factors hinder the efforts of the PPA Unit of the Gorontalo District Police Resort Criminal Investigation Unit in tackling violence against women victims of Domestic Violence, among others: Legal factors themselves, Law Enforcement Officers Factors, Factors or Facilities That Support Law Enforcement, Factors Society and Culture

Domestic Relationship Evidence in Queensland: An Analysis of a Misunderstood Provision

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Rebecca Campbell
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fair Trial ◽  
The Past ◽  
The Subject ◽  
The Law

Relationship evidence or evidence that reveals an individual’s propensity to engage in certain offences has been the subject of much discussion in the context of domestic violence. Our understanding and awareness of domestic violence has developed immensely over the past decade and we now understand that domestic violence encapsulates much more than just physical violence against women. We now acknowledge it extends to sexual assault and child sexual abuse. This article examines the current protections provided by the law to restrict the admission of relationship or context evidence in order to ensure an accused person receives a fair trial. It does so by considering the development of the law surrounding relationship evidence, particularly the introduction of s 132 of the Queensland Evidence Act 1977 in 1998. This article explores the application of s 132B and questions whether its aim to simplify the process for admitting relationship evidence has actually been realised.

scholarly journals COPING STRATEGIES OF HUSBAND VIOLENCE AGAINST WIVES: A LITERATURE REVIEW

2021 ◽  
Vol 6 (1) ◽  
pp. 80
Author(s):  
Dulce Elda Ximenes dos Reis
Keyword(s):  
Domestic Violence ◽  
Literature Review ◽  
Women Victims ◽  
Violence Against Women ◽  
Rural Areas ◽  
Physical Violence ◽  
Existing Problems ◽  
Review Analysis ◽  
Urban Rural ◽  
Husband Violence

Violence is a major societal problem around the world violence, against women includes domestic violence which is usually the wife who is the victim, as the results of WHO (2012) study of more than 24,000 women in 10 countries, from various cultures, geographies and urban / rural areas. Research in 50 countries, shows that between 10 - 60% of women who have been married or partnered have experienced physical violence from their partners. This research method uses a literature review analysis research technique. The results of the systematic review conducted by the author contained 40 journals and then selected by the authors, only 4 journals were retained by the authors. The results of the journal analysis show that the majority of women victims of domestic violence use PFC that is tailored to existing problems, namely seeking assistance from formal and non-formal institutions to help them overcome the problems they experience.

scholarly journals Tindak Pidana Pemerkosaan dalam Perspektif Perlindungan Hukum Perempuan

2020 ◽  
Vol 1 (2) ◽  
pp. 191-196
Author(s):  
Teo Dentha Maha Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Women Victims ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Regulations ◽  
Criminal Sanctions ◽  
Legal Perspective ◽  
Domestic Violence Law

A criminal act refers to an act that is prohibited by legal regulations accompanied by threats in the form of sanctions such as the application of certain crimes. The criminal act of rape in the Criminal Code is included in the category of decency. Criminal acts of rape can be referenced from the Book II of the Criminal Code. In this regard, this study focuses on two issues: (1) legal protection of women victims of rape from a women’s legal perspective and (2) criminal sanctions against perpetrators of the criminal acts of rape against women. This study makes use of the normative method because there is an empty norm. Legal protection for women as victims of rape correlatable in Article 285 of the Criminal Code Paragraph (1) and Paragraph (2) as well as the Domestic Violence Law (KDRT) Number 23 of 2004 Article 46 concerning Sexual Violence in the household. This regulation only regulates the sanctions for perpetrators of the acts of rape against women. Sanctions for perpetrators of the rape against women are regulated in Article 285 Paragraph (1) and Paragraph (2) which can also be seen in Law Number 23 of 2004 Article 46 concerning the Elimination of Domestic Violence with imprisonment or the same fine.

scholarly journals Development of legislative framework for the protection of women victims of violence in Serbia

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 143-168
Author(s):  
Sanja Copic
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Women Victims ◽  
Human Trafficking ◽  
Violence Against Women ◽  
Legal Protection ◽  
Legal Reforms ◽  
Legislative Framework ◽  
Victims Of Violence ◽  
The Eu

The aim of the paper is to provide an overview of advocacy of the civil society in Serbia for legal reforms for better protection of women from violence and the development of the legislative framework for the protection of women victims of violence. Advocacy for legal protection of women against violence in Serbia began already in 1980s, primarily due to the activities of women?s groups and feminist researchers. Advocacy activities intensified during the 1990s. In 1994, the Group for Women?s Rights of the European Movement in Serbia prepared a first draft of amendments to the laws related to domestic violence and marital rape. Although not successful, this advocacy was very important in terms of raising awareness of state officials and general public about violence against women. First legal reforms and establishment of normative framework for the protection of women against violence, especially domestic violence, sexual violence and human trafficking, occurred only after political changes in 2000. They were initiated and largely based on drafts written by the experts of the Victimology Society of Serbia. The basis for these changes was the proposal of a harmonized reform of several laws in order to ensure criminal, civil and misdemeanour protection of women against various forms of gender- based violence developed in 1998 and further improved after 2000. Advocacy that followed resulted in first instruments of legal protection of women victims of violence: domestic violence was foreseen as a standalone criminal offense, restraining orders have been introduced, legal protection against sexual violence has been improved, and human trafficking was criminalized. Since the acceptance of Serbia?s EU candidacy and the start of the EU integration process, a strategic framework for the protection of women against violence has been developed; the protocols for dealing with domestic and intimate partner violence and other implementation instruments have been adopted, which set up a basis for more efficient implementation of legal norms in practice. Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence and opening negotiations for the EU accession set a new framework for advocacy and contributed to further improvement of legal protection of women against violence. Stalking, sexual harassment, female genital mutilation and forced marriage have been incriminated. The Law on the Prevention of Domestic Violence was adopted, which aims to ensure effective prevention from domestic violence and urgent, adequate and effective protection and support to victims through improvement of coordination and cooperation between competent services. This should ensure integrated, multi-sector and human rights-based approach to prevention, prosecution and protection of women victims of violence. Normative framework for the protection of women against violence is to a large extent in compliance with relevant international standards and the European law. However, it still needs to be fully harmonized with the Istanbul Convention and other ratified international treaties. On the other hand, it remains to monitor application of legislation in practice in order to assess its consistency, effectiveness and continue evidence-based advocacy for further improvement of protection of women victims of violence.

Family Courts and Human Security in South West Nigeria

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fundamental Rights ◽  
Secondary Sources ◽  
Family Courts ◽  
South West ◽  
The Family ◽  
Domestic Violence Against Women

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

scholarly journals Kekerasan Dalam Rumah Tangga (KDRT) Terhadap Perempuan: Perspektif Pekerjaan Sosial

KOMUNITAS ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 39-57
Author(s):  
Agung Budi Santoso
Keyword(s):  
Domestic Violence ◽  
Social Workers ◽  
Violence Against Women ◽  
Physical Violence ◽  
Family Counseling ◽  
National Commission ◽  
Psychological Violence ◽  
Long Term Effects ◽  
Sense Of Security ◽  
The Impact

National Commission on violence against women (2015) noted that violence against women showed a widespread pattern. The 2016 annual press release (Catahu) released that there were 321,752 of violence cases. The largest type of violence against women was violence in the personal sector. Violence in the form of rape was 72% (2,399 of cases), violence in the form of obscenity was 18% (601 of cases), and sexual abuse was 5% (166 of cases). The majority of personal violence victims (domestic / household) were women. The forms of domestic violence included physical violence, psychological violence, sexual violence and neglect of the household; while the main factor was the lack of communication and disharmony among family members. The impact in the short term was usually like a physical injury, disability, pregnancy, loss of work, and so forth; while the long-term effects were psychological disorders (psychiatric), loss of confidence, fend for oneself, trauma and appearance of fear to depression. The handling of domestic violence is one of the focuses of social workers to play a role in helping / assisting the recovery of victims. The social worker should be able to convince the victims to dare to express their problems, to give a sense of security, and comfort. Social workers in helping victims of domestic violence should have knowledge and alignment to the victims that the slightest violence is a form of crime against humanity. Victims of domestic violence must immediately obtain the protection, security assurance and social assistance. The efforts which can be done by social workers are counseling and family counseling. Those are done as a form of therapy so that victims do not feel the prolonged trauma and they can think calmly.

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