scholarly journals MENEGAKKAN HAK ASASI MANUSIA MELALUI PERLINDUNGAN HUKUM BAGI PEREMPUAN KORBAN KEKERASAN DI INDONESIA

2021 ◽  
Author(s):  
Rahmat Amir

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.

2021 ◽  
Author(s):  
Rahmat Amir

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.


2021 ◽  
Author(s):  
Fani ayu lestari

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.


2021 ◽  
Author(s):  
Rahmat Amir

The reality in the community shows that the problem of violence against women and the protection of women victims of violence in the legal field is still very low. There are many factors that influence the law enforcement process, namely: substance, structure and culture. In substance, currently available legal products are Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 21 of 2007 concerning Trafficking in the Articles of Persons. This paper tries to look at the various types of violence against women both at home, at work and in society as a manifestation of the imbalance in the bargaining power of women in male and female relations. Through qualitative research methods, researchers want to know the forms of violence against women including physical, sexual, economic, political, and psychological appearances that can be carried out by individuals, society and the state. This article shows that law enforcement to protect women is still low.


2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Ishar Helmi

Abstract: Court For Domestic violence. Court For Domestic violence is a new idea of the Integrated Criminal Justice System Handling Cases of Violence Against Women (SPPT- PKKTP) to provide justice to the victims of domestic violence, especially women. Given the complexity of issues related to domestic violence led to the need for this institution was formed. Act No. 23 of 2004 on the Elimination of Violence Against Domestic generally can back up women in getting their legal rights, but the implementation of the Act turns instead of criminalizing women victims of violence, especially because law enforcement officials do not consider the relationship between husband, wife and children, in applying this Act. As a result, women victims of violence do not get their rights. Abstrak: Pengadilan Khusus KDRT. Pengadilan Khusus Kekerasaan Dalam Rumah Tangga merupakan sebuah gagasan baru dari Sistem Peradilan Pidana Terpadu Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan (SPPTPKKTP) dalam memberikan keadilan kepada para korban kekerasan dalam rumah tangga khususnya perempuan. Adanya kompleksitas permasalahan terkait kekerasan dalam rumah tangga menyebabkan perlunya lembaga ini dibentuk. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Terhadap Rumah Tangga yang secara umum dapat memback up kaum perempuan dalam mendapatkan hak-hak hukumnya, namun dalam implementasinya ternyata undang-undang tersebut justru mengkriminalisasi perempuan korban kekerasan, terutama karena aparat penegak hukum tidak mempertimbangkan hubungan antara suami, istri dan anak, dalam menerapkan undang-undang ini. Akibatnya, perempuan korban kekerasan tidak mendapatkan hak-haknya.  DOI: 10.15408/jch.v1i2.1471


2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova

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.


2016 ◽  
Vol 9 (3) ◽  
pp. 177-198
Author(s):  
Olaitan O Adeyemo ◽  
Ifeoluwayimika Bamidele

The scourge of domestic violence as well as other forms of violence against women has eaten deep into the fabric of our society creating a lopsided gender balance with the female gender being the greatest victim. Violence has taken different forms ranging from sexual to physical and psychological as well as other forms. This degrades the humanity of the woman in our society. Abusive partners and perpetrators base their actions on superior nature of the male sex, religion, law, custom, economic situation, family pressure, and their behavioural pattern. It is believed that lack of a legal framework universally enforced as well as lack of trained law enforcement officers promotes the violence of women in Nigeria. A proactive legal framework, establishment of confidential and well equipped family courts, training of law enforcement officers, shelters and counselling centres can reduce the abuse of women in Nigeria and across the globe. The physical, sociological and psychological effect of violence against women is unquantifiable. To achieve a fair and balanced society, women must be valued, respected and supported and not battered either by stick or word of mouth.


2018 ◽  
Vol 20 (1) ◽  
pp. 53-82 ◽  
Author(s):  
Vladislava Stoyanova

Abstract The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the immigration control prerogatives of host states. Article 59 raises two interrelated questions: under what conditions are these exceptions triggered and what is their transformative potential in the light of the immigration rights that Article 59 extends to migrant women. This article argues that while the Istanbul Convention will generate some positive changes, the overall advancement triggered by the treaty in the area of protection of migrant women suffers from significant limitations.


2020 ◽  
Vol 1 (2) ◽  
pp. 243-258
Author(s):  
Fence M Wantu ◽  
Mohamad Taufiq Zulfikar Sarson

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


2020 ◽  
Vol 10 (2) ◽  
pp. 219-234
Author(s):  
Valbona Muça

This study aims to analyze and evaluate the social services provided to girls and women victims of domestic violence, based on the practices implemented in the non-public and public sector through this sector's representatives' representatives. The group of subjects included in the study consists of representatives of the Ministry of Social Welfare and Youth, local government, and non-profit social centers for girls and women - victims of violence and the center's beneficiaries. Qualitative ethnographic methods were used to conduct this study. One of the most important findings of this study was that the primary need of raped girls and women is to provide shelter to guarantee a safe place with their children. Also, the findings of this study show that non-public social services for girls and women-victims of domestic violence are limited and very deficient. The lack of some services and their lack of coordination does not meet the needs of the subjects. From 2013-2019, the cases of denouncing domestic violence have increased because the state and non-profit organizations have played an essential role in raising their awareness. A vital contribution of this study is the relevant recommendations to improve social services for this target group.


Kosmik Hukum ◽  
2018 ◽  
Vol 18 (1) ◽  
Author(s):  
Emy Rosnawati

Abstract Violence against women and children is a violation of human rights. The integrated services centre of the women and children empowerment (Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak/P2TP2A) is an integrated activity founded Ministry of women empowerment and child protection and provide services for the Indonesian people, mainly women and children victims of violence acts. The purpose of this research is to know the service of process in P2TP2A given to women victims of domestic violence and P2TP2A efforts in tackling domestic violence. The research method used the juridical sociological. data collection is done by observation, interview and documentation as well as literature-related literature. Researchers took samples from Sidoarjo P2TP2A because P2TP2A is a pilot project of P2TP2A in other districts. Then analyzed in descriptive qualitative. From the above research it can be concluded that the role of the integrated services centre the empowerment of women and children (P2TP2A) in addressing domestic violence is very effective and in accordance with the mandated in the Act No. 23 years 2004 on the Elimination of Domestic Violence. Keywords: Domestic Violence, Integrated Services Centre, Empowerment of Women and Children Abstrak Kekerasan terhadap perempuan dan anak merupakan pelanggaran hak asasi manusia. Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak merupakan kegiatan terpadu yang didirikan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak dan menyediakan pelayanan bagi masyarakat Indonesia terutama Perempuan dan Anak korban tindak kekerasan. Tujuan penelitian ini adalah mengetahui proses pelayanan di diberikan P2TP2A kepada perempuan korban kekerasan dalam rumah tangga dan upaya P2TP2A dalam mengatasi kekerasan dalam rumah tangga. Metode penelitian yang digunakan yuridis sosiologis. Pengumpulan data dilakukan dengan observasi, wawancara dan dokumentasi serta literatur-literatur terkait. Peneliti mengambil sampel dari P2TP2A Sidoarjo karena P2TP2A Sidoarjo merupakan pilot project dari P2TP2A di kabupaten lain. Kemudian dianalisis secara deskriptif kualitatif. Dari penelitian tersebut di atas dapat disimpulkan bahwa peran Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak (P2TP2A) dalam mengatasi kekerasan dalam rumah tangga sangat efektif dan sesuai dengan yang diamanatkan dalam Undang-undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan dalam Rumah Tangga. Kata kunci: Kekerasan dalam Rumah Tangga, Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak


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