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

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 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.

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 ISOLATION AND “TOXIC” PRIVACY IN TIMES OF PANDEMIC: FEMALE SUFFERING

2020 ◽  
Vol 2 (2) ◽  
pp. 25-41
Author(s):  
Ana Lucia Sabadell ◽  
Thamires Vieira
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Protection

The practice of self-isolation as a preventive and combat measure against the Covid-19 virus brought up the discussion about domestic violence practiced against women in Brazil. The author understands that the legal protection of intimacy favors the process of denial of this type of violence and presents a reflection on the practical measures that can be taken to face violence against women in the current pandemic context.

scholarly journals IMPACT OF DOMESTIC VIOLENCE ON THE LIVES OF WOMEN

2021 ◽  
pp. 144-145
Author(s):  
Ritu Chandra ◽  
Anju Tyagi ◽  
Sumin Prakash
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Family Life ◽  
Family Members ◽  
Self Esteem ◽  
The Family ◽  
Lack Of Sleep

Domestic violence is one of the forms of abuse which is often being executed against women within four walls of the family house.The incidence of violence against women within and outside family has an alarming increase from the last some decades.Domestic violence badly impacts on the health and lives of women victims and they suffered with lack of sleep;depression;frustration, stress,worry and lower self esteem and it also effects on family life and emerge conflicts, misunderstandings, loss of trust, communication gaps, quarrels/fights among family members which often spoils the cordial relationships among the members of the family

scholarly journals On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law

2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Migrant Women ◽  
Eu Law ◽  
Council Of Europe ◽  
Abusive Relationship ◽  
Victims Of Violence ◽  
Istanbul Convention ◽  
The Eu

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.

scholarly journals THE CURRENT CONDITION OF HOME VIOLENCE ISSUES AGAINST WOMEN IN UKRAINE AND FORENSICS ASPECTS

2020 ◽  
pp. 729-738
Author(s):  
O. Babkina ◽  
A. Tkachov
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Social Services ◽  
Violence Against Women ◽  
Criminal Liability ◽  
Psychological Trauma ◽  
Law Enforcement Agencies ◽  
Medical Institutions ◽  
Restrictive Measures ◽  
Medical Examinations

The article is devoted to the analysis of the aspects of providing legal assistance to women victims of domestic violence in Ukraine. Due to our analysis, we have demonstrated that in Ukraine, legislative documents have been developed at the legislative level to prevent domestic violence and the observance of women’s rights, and forms of domestic violence have been identified (psychological, physical, sexual). The main standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. In practical work, law enforcement agencies interact with social services, medical institutions, forensic medical examinations and many others to provide timely, fullfledged assistance to women in cases of detected domestic violence, and in each case develop a system of measures to prevent, promote and prevent domestic violence. A positive aspect in the modern legislation of Ukraine was the establishment of restrictive measures for persons who committed domestic violence in the form of a ban on staying in a place of cohabitation with a person who suffered from domestic violence; prohibitions of approaching a place or person who has suffered from domestic violence, etc. Attention is drawn to the fact that for the first two violations, the person who committed domestic violence can be held administratively liable, and for the third time, criminal liability. Recommendations are given on conducting a forensic examination in cases of domestic violence against women, in which, in addition to the mandatory points reflected in the Rules for the Examination of Victims, Accused and Other Persons, aspects of an ethical approach are noted to reduce the psychological trauma of women during examination. It was emphasized that the issue of beatings, torment and torture falls within the competence of the bodies of pre-trial investigation/court and is not the competence of forensic medical examination.

scholarly journals INDONESIA UNTUK KEADILAN (APIK) BANTEN DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI MASYARAKAT

2020 ◽  
Vol 3 (1) ◽  
pp. 88-102
Author(s):  
Lili Rubin ◽  
Ikman Nur Rahman ◽  
Qotrun Nida
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Protection ◽  
Active Role ◽  
Legal Enforcement ◽  
Special Cases ◽  
Research Interviews ◽  
Qualitative Descriptive ◽  
Women And Children ◽  
Data Collection Technique

This study aims to describe how the role of LBH APIK Banten in providing legal protection for the society. Qualitative descriptive was used in this study. A Director, an Advocate, Management of LBH APIK Banten, and society who had been assisted in handling their cases by LBH APIK Banten were employed as the subjects of this research. Interviews, an observation, and documentation were used as data collection technique. Data reduction, data presentation, and drawing conclusions were employed to analyze the data of this research. Data validity was done by technical triangulation, source triangulation, and member check. The results revealed  that there was an active role from LBH APIK Banten in providing legal protection for the society including public services, social education, orderly legal improvement, and legal reform. So far, LBH APIK Banten has been provided legal protection for society who had violence against women and children by helping and handling their cases until they got a verdict. In carrying out its role in providing legal protection to underprivileged people, there were  obstacles definitely, where the cases handled by LBH APIK Banten were specific such a handling special cases of violence against women and children who had domestic violence, sexual harassment, abuse, rape, and children abuse. Surely, it was rarely reported by someone who had violence such as abuse, rape, domestic violence, etc in Banten. Therefore, there were slightly cases handled by LBH APIK because of the limited disposition of LBH APIK that handling specific cases of women and children then the lack of Human Resources and funds until very slightly in doing an activity, hampered by Legal Enforcement Officials (APH) and the lack of openness’ client in telling the cases’ chronology to the LBH APIK Banten.

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