scholarly journals COMPARATIVE STUDY OF RESPONSIBILITY OF CRIMINAL VIOLENCE IN HOUSEHOLD IN CONCEPT POSITIVE LAW AND MINANGKABAU TRADITIONAL LAW

2021 ◽  
Vol 7 (1) ◽  
pp. 14
Author(s):  
Azriadi Azriadi ◽  
Mahlil Adriaman
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Secondary Data ◽  
Customary Law ◽  
Domestic Sphere ◽  
Criminal Violence ◽  
Positive Law ◽  
Preventive Effort ◽  
West Sumatra ◽  
The Impact

Domestic Violence (KDRT) is a form of crime in the domestic sphere; the data on domestic violence is increasingly worrying and tends to be out of control. Based on the Records of Violence against Women (CATAHU) in 2019; there were 431,471 cases of violence against women and it has been escalated up to 693% since 2008 which was only 54,425 cases. The effort to overcome and handle domestic violence is carried out by formulating various kinds of laws and regulations, creating structural and non-structural institutions that handle domestic violence cases, but in reality acts of violence continue to increase. In West Sumatra, Minangkabau customary law is prevailed as a law that is admited by the constitution. In fact domestic violence in Minangkabau society is a common problem. In handling and overcoming domestic violence, positive law and Minangkabau customary law have their own ways. From the data of national statistics agency of indoensia (BPS) in 2019, West Sumatra was not classified as the 10 highest occurrences of domestic violence in Indonesia. Based on this phenomenon, it is very interesting to study and to be compared of the effort to overcome domestic violence based on the concepts of Positive Law and Minangkabau Customary Law. This study uses a normative approach, namely examining library materials or secondary data consisting of primary legal materials and tertiary legal materials. The results of Positive Law research in overcoming domestic violence focus on handling by applying the law with maximum punishment (repressive), by providing education to the community that is directed and well programmed (preventive), even if domestic violence occurs then efforts are made (pre-emptive) so that the impact or the consequences are not significant. While Minangkabau customary law is more of a preventive effort, namely before the occurrence of domestic violence and the application of Minangkabau customary law is carried out in stages based on the proverb Bajanjang Naik Batanggo Turun.

scholarly journals TINDAK PIDANA KEKERASAN TERHADAP PEREMPUAN (Studi Etiologi Kriminal di Wilayah Hukum Polres Banyumas)

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Ruby Hadiarti Johny
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Secondary Data ◽  
Cultural Factors ◽  
Family Factors ◽  
Economic Factors ◽  
Criminal Violence ◽  
Litigation Process ◽  
Keywords Domestic Violence

The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation. Keywords: Domestic violence, form of violence, cause of violence

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.

scholarly journals Domestic violence policies in the Netherlands: A regime of deficiency

2020 ◽  
pp. 146349962095885
Author(s):  
Arne Mellaard ◽  
Toon van Meijl
Keyword(s):  
Domestic Violence ◽  
The Netherlands ◽  
Violence Against Women ◽  
Technical Problem ◽  
Current Approach ◽  
The Past ◽  
Policy Interventions ◽  
Poor Women ◽  
The Status ◽  
The Impact

In a number of countries, domestic violence is represented as a governable phenomenon that is amenable to policy interventions. Over the past 40 years in the Netherlands, however, this approach has not resulted in a reduction of domestic violence. Yet new policy strategies continue to be designed to improve existing interventions. In this article, we focus on a Dutch policy measure that aims to detect early signals of violence and abuse. We argue that this strategy, by approaching domestic violence as a technical problem, fails to take into account structural and symbolic violence. As a consequence, the impact of domestic violence policies on women, particularly poor women, and especially women with a migration background, is to intensify their difficulties. Moreover, these policies deploy a technology that shapes the subjectivity of professionals engaged in protection practices, while maintaining the status quo of inequality and violence against women. The connection between these two flaws of domestic violence policies leads us to claim that the current approach is constituted as a regime of deficiency.

Microfinance and domestic violence

2020 ◽  
Vol 22 (5) ◽  
pp. 333-351
Author(s):  
Khondker Aktaruzzaman ◽  
Omar Farooq
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
Content Type ◽  
Variable Approach ◽  
Women's Participation ◽  
Physical And Psychological Violence ◽  
The Impact ◽  
Instrumental Variable Approach

Purpose The purpose of this paper is to document the impact of participation in microfinance programs on domestic violence against women. Design/methodology/approach This paper uses the survey data from 69 villages in Bangladesh and the instrumental variable approach to estimate the effect of participation in microcredit programs on domestic violence. Findings The results show that women’s participation in microcredit programs does not reduce domestic violence. However, this result is possible only when the authors do not distinguish between female borrowers who have control over credit and those who do not have control over credit. Classifying female borrowers into these two categories can significantly change the results. The authors report significantly lower physical violence against those female who have control over credit. In case of psychological violence, the authors report no significant impact of control over microcredit. Originality/value The novelty of the paper lies in distinguishing between physical and psychological violence.

Continued State Liability for Police Inaction in Assisting Victims of Domestic Violence: A Reflection on the Implementation of South Africa's Domestic Violence Legislation

2019 ◽  
Vol 63 (1) ◽  
pp. 53-77 ◽  
Author(s):  
Amanda Spies
Keyword(s):  
Domestic Violence ◽  
South African ◽  
Violence Against Women ◽  
The Social ◽  
Women's Lives ◽  
Failure To Protect ◽  
State Liability ◽  
Domestic Violence Legislation ◽  
Legal Understanding ◽  
The Impact

AbstractNow that it has been in operation for 20 years, it is necessary to reflect on the impact the South African Domestic Violence Act has had on women's lives. This article analyses this key legislation and the police's duty to ensure its proper implementation. It focuses on the reports of the Independent Complaints Directorate and Civilian Secretariat of Police, the bodies responsible for measuring police compliance with the act. The reports identify serious transgressions, highlighting the police's perception that domestic violence is a private affair with which it should not interfere. This perception plays a particularly subtle and destructive role in legitimizing, supporting and permitting violence against women. In focusing on key court decisions in which the state (police) was held financially accountable for the failure to protect women against violence, the author highlights the importance of challenging the social and legal understanding of women's experiences with violence in promoting a system that takes account of those experiences.

scholarly journals How to control the sexually transmitted diseases in Benjina?: qualitative studies on the practice of prostitution

2019 ◽  
Vol 10 (1) ◽  
pp. 58-66 ◽  
Author(s):  
Agung Dwi Laksono ◽  
Santi Dwiningsih
Keyword(s):  
Sex Workers ◽  
Transmitted Disease ◽  
Customary Law ◽  
Dominant Factor ◽  
Sexually Transmitted ◽  
Positive Law ◽  
Sexual Services ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

Latar Belakang: Prostitusi yang muncul bersamaan dengan industri besar menimbulkan masalah kesehatan, masalah sosial ekonomi, dan budaya. Artikel ini dimaksudkan untuk mengeksplorasi faktor-faktor yang berkaitan dengan praktik prostitusi di Benjina dan mengeksplorasi potensi untuk mengendalikan dampak penyakit penularan melalui hubungan seks. Metode: Penelitian kualitatif ini dilakukan dengan pendekatan etnografi. Wawancara mendalam dan observasi partisipatif dilakukan terhadap 30 informan yang terkait langsung dengan praktik prostitusi di Benjina. Hasil: Tidak ditemukan lokalisasi di Benjina. Praktik pelacuran ditemukan sebagai hal yang biasa di tempat yang disebut rumah karaoke yang menyediakan peralatan menyanyi sederhana, minuman keras, dan layanan seksual. Ada 46 pekerja seks perempuan yang bekerja di 12 rumah karaoke. Faktor ekonomi ditemukan sebagai faktor dominan yang mendorong para pelaku pelacuran, di samping balas dendam. Ada beberapa kendala dalam menggunakan kondom dalam praktik pelacuran ini. Di antara mereka adalah bentuk fisiologi penis yang mengalami modifikasi, dan hubungan pekerja seks khusus dengan kekasih mereka. Ada potensi Sasi yang dapat digunakan sebagai upaya untuk mengendalikan penyakit penularan melalui hubungan seks. Kesimpulan: Sasi sebagai hukum adat berpotensi menjadi hukum positif untuk menerapkan kondomisasi secara keseluruhan di Benjina. Kata kunci: Penyakit menular seksual, pelacuran, hukum adat, Sasi, adat istiadat.   Abstract Background: Prostitution that appears together with massive industry raises health problems, socioeconomic problems, and culture. This article was intended to explore factors related to prostitution practices in Benjina and explore the potential for controlling the impact of sex transmission disease. Methods: This qualitative study was carried out with an ethnographic approach. In-depth interviews and participatory observation were carried out on 30 informants who were directly related to the practice of prostitution in Benjina. Results: No localization was found at Benjina. The practice of prostitution was found to be commonplace in a place called karaoke houses that provided simple singing equipment, liquor, and sexual services. There were 46 female sex workers who worked in 12 karaoke houses. Economic factors were found to be the dominant factor driving the perpetrators of prostitution, in addition to revenge. There are some obstacles to using condoms in this practice. Among them were the forms of penile physiology that experience modification, and the relationship of special sex workers with their lovers. There was a Sasi potential that can be used as an effort to control sex transmission disease. Conclusion: Sasi as a customary law has the potential to be a positive law to implement condomization as a whole in Benjina. Keywords: sexually transmitted disease, prostitution, customary law, Sasi, traditional customs.

scholarly journals Pandemic Impact of Covid-19 on Social - Economic Conditions in West Sumatera

JEJAK ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 384-397
Author(s):  
Yosi Suryani ◽  
Rudy Rinaldy
Keyword(s):  
Public Transportation ◽  
Service Sector ◽  
Secondary Data ◽  
Demographic Characteristics ◽  
Retail Trade ◽  
Economic Conditions ◽  
The People ◽  
West Sumatra ◽  
Food And Drink ◽  
The Impact

This study aims to determine and analyze the impact of Covid-19 pandemic in terms of socio-economy based on the demographic characteristics of the people in West Sumatra. The data collection method is secondary data, namely data from West Sumatra Provincial BPS and Padang City BPS 2020. Data processing is descriptive quantitative. The discussion of the research analysis is explained in depth and the interpretation of the data is presented in a straightforward and detailed manner in order to produce conclusions containing short answers to the formulation of the problem based on the data that has been collected. The results of the study concluded that there were changes in the socio-economic conditions of the people of West Sumatra according to demographic characteristics due to the Covid-19 pandemic, including the emergence of new habits, workers being temporarily laid off, using restricted public transportation, implementing WFH at work, the service sector being the most affected. As a result of Covid-19, workers in the Wholesale and Retail Trade, Car and Motorcycle Repair, Transportation and Warehousing sectors, as well as the Accommodation and Food and Drink Provision sectors were the most affected, increasing spending and decreasing income.

scholarly journals application of child adoption (balaku anak) and its legal effects on customary law system of the Dayak Ngaju tribe

2020 ◽  
Vol 8 (1) ◽  
pp. 1-8
Author(s):  
Rizki Yudha Bramantyo ◽  
Irham Rahman
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
The Rule Of Law ◽  
Law System ◽  
Positive Law ◽  
Child Adoption

The purpose of this research is to find out how the application of children's behavior and its influence on the customary law system of the Dayak Ngaju Tribe. The research method used is qualitative. Primary data comes from observations and interviews. Meanwhile, secondary data from previous studies were collected to support the findings. The findings reveal that there are differences in the rule of law between Islamic law and positive law and customary law of the Dayak Ngaju tribe. Islamic law regulates inheritance and inheritance rights according to lineage, positive law regulates the return of cases of adoption to civil law, and customary Dayak Ngaju law recognizes adoption.

scholarly journals Exploration of importance of the ratification of the Council of Europe Convention on Prevention of Violence against Women by the Ukrainian Government

2020 ◽  
Vol 9 ◽  
pp. 543-549
Author(s):  
Oksana Koshulko ◽  
Evgenia Makazan
Keyword(s):  
Domestic Violence ◽  
United Nations ◽  
Violence Against Women ◽  
Secondary Data ◽  
Primary Data ◽  
Structured Interviews ◽  
Council Of Europe ◽  
Prevention Of Violence ◽  
Domestic Violence Against Women ◽  
The United Nations

This paper presents the results of research on the importance of ratification by the Ukrainian government of the Convention on Prevention Violence against women. In this paper, primary and secondary data has been analysed. The primary data was collected through semi-structured interviews with Ukrainian women and the secondary data was collected from information on the websites of the United Nations in Ukraine, UN Women, the United Nations Population Fund, ILO and the Council of Europe. The research is significant because the Ukrainian State must use this Convention as a means of reducing domestic violence against women throughout Ukraine

scholarly journals Early Wedding Polemic and The Impact of The Domestic Violence

2020 ◽  
Vol 5 (1) ◽  
pp. 30-38
Author(s):  
Edy Supriyanto ◽  
Fransiska Novita Eleanora
Keyword(s):  
Domestic Violence ◽  
Physical Violence ◽  
Self Esteem ◽  
Early Marriage ◽  
Domestic Sphere ◽  
Breaking News ◽  
Economic Problems ◽  
Serious Injury ◽  
The Impact ◽  
Mental Decline

Early marriages are increasingly prevalent and the causes are diverse, due to economic problems, promiscuity, and unpreparedness the couple take responsibility for supporting families, the impact on domestic violence, where can include due to physical violence causing injuries body, bruising or serious injury, psychic can be interpreted as cussing, glaring at causing self-esteem and mental decline, sexually interpreted to have sexual relations or rape marriage, and neglect the household and not provide for than five to ten years in a row -According and leave without breaking news. The purpose this research find the polemic of early marriage to domestic violence based on impact and consequences, the research method used is normative jurisdiction where this method refers to literature, namely by examining the literature or legislation relating to the problem under study. The results this study indicate that early marriage causes domestic violence because is triggered the impact high emotional, mental, psychological, causing violence in the domestic sphere, not only to women but also children who should receive protection and affection from parents but become victims, and Another impact is child traumatized and difficult to forget the dark events his life, because the child feels he become a victim his family.

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