scholarly journals The Issue of Rights of Religious Freedom in Some Domestic Violence Cases in Indonesia

Religions ◽  
2021 ◽  
Vol 12 (9) ◽  
pp. 733
Author(s):  
Lidwina Inge Nurtjahyo

Based on the National Commission for the Protection of the Rights of Women and Children of Indonesia’s annual report, in 2020 there were 11,105 cases of domestic violence reported. Those domestic violence cases were caused by complex factors. One of the causes is the limitation of religious freedom in the family. In Indonesia, between 2010 and 2019, there were several cases of domestic violence caused by women choosing different religions from their parents or husband. Domestic violence involving limitation of the rights of religious freedom is sometimes resolved by divorcing or by completing it with coercive efforts. The rights of religious freedom in Indonesia, although protected by the Constitution and by the Act of Protection of Human Rights No. 39 of 1999, still face various challenges in implementation. The choice of religion in some families is highly influenced and determined by the authority in the family. This article analyzes the secondary data from online news, verdicts, and statistics from the Supreme Court Directory between 2010 and 2019. Findings are analyzed using the perspective of gender studies and anthropology of law.

EMBRIO ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 64-70
Author(s):  
Kristin Kisid

The COVID-19 pandemic has an impact on the economic condition of the family which will directly contribute to the health condition of the family. The uncertain conditions during the COVID-19 pandemic could trigger violence, especially for women and children. The purpose of this study was to determine the profile of violence against women and children during the COVID-19 pandemic in NTB Province. This research is a type of quantitative research derived from secondary data. data on cases of violence against women and children were obtained from the results of reports from health centers, sub-districts, etc. that were collected in DP3AP2KB in 2020. Violence against women in NTB Province in 2020 increased by 26.05% from the previous year (2019). North Lombok Regency has the highest number of cases (140 cases) of violence against women that occurred during the COVID-19 pandemic in 2020. Violence that occurs in adult women is dominated by physical violence (61.18%) and violence that occurs in children dominated by violence in the form of sexual, namely 40.1%. The highest number of sexual violence against girls was in East Lombok Regency at 22.7%.


2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors


SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).


2020 ◽  
Author(s):  
Shalu Nigam

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.


2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Dudi Badruzaman

Abstract  Forms of violence against women still occur in many places where women are always associated as marginalized groups that are discriminated against, oppressed, and subordinated to male domination. This study aims to 1). Why domestic violence still often occurs in many places in Indonesia even though legislation has been made to protect women's rights. 2). With the analysis of these questions, what should be done in order to reduce violence and provide justice for women in Indonesia. The method used by data collection techniques with literature study methods. And then collected from the reports of relevant agencies such as the National Commission on Violence Against Women, and scientific books that conduct similar studies, these secondary data are then interpreted qualitatively and supported by several scientific concepts and theories that have been put forward previously as a knife of analysis. This paper is expected to be able to raise awareness of the issue of violence against women in academic studies and provide an analysis and analysis of this issue.Keywords: Justice; gender equality; women.  Abstrak Bentuk kekerasan terhadap perempuan masih terjadi di banyak tempat para perempuan selalu diasosiasikan sebagai kelompok marjinal yang mendapat perlakuan diskriminatif, mengalami opresi, dan subordinasi atas dominasi laki-laki.  Penelitian ini bertujuan untuk 1). Mengapa KDRT masih kerap terjadi di banyak tempat di Indonesia meski produk perundang-undangan telah dibuat untuk melindungi hak perempuan. 2). Dengan hasil analisis atas pertanyaan tersebut, maka apa yang harus dilakukan dalam rangka mengurangi kekerasan dan memberi keadilan bagi perempuan di Indonesia. Metode yang digunakan dengan teknik pengumpulan data dengan metode studi literatur. Dan kemudian dikumpulkan dari laporan instansi terkait seperti laporan Komnas Perempuan, dan buku-buku ilmiah yang melakukan kajian serupa, data-data sekunder ini kemudian diinterpretasikan secara kualitatif dan didukung dengan beberapa konsep serta teori ilmiah yang telah dikemukakan sebelumnya sebagai pisau analisis. Tulisan ini diharapkan dapat menumbuhkan awareness atas isu kekerasan terhadap perempuan dalam studi akademis dan memberi penajaman analisis serta cara pandang atas isu ini.  Kata Kunci: Keadilan; kesetaraan gender; perempuan.


Author(s):  
Prabhadevi Ravichandran ◽  
Anuradha Kunal Shah ◽  
Prabhu Ravichandran

For many women and children around the world, staying at home is no longer a safety aspect during the Covid-19 pandemic. There is a surge in the number of cases of inter-personal violence and child abuse during the lockdown. The stigma and socio-cultural norms create hesitance in subjecting the family and its intimate relationships to public scrutiny. Therefore, building awareness around domestic violence is vital.


2021 ◽  
pp. 3-5
Author(s):  
Nimisha Singh

With the widespread of the pandemic COVID-19, commonly known as Corona virus the normal lifestyle of people across the globe has been disturbed and jumbled up. Humans who are social beings are asked to maintain social distance from one another as no cure has been found yet and this is the only preventive step. Many countries have been put on lockdown, where people are asked to stay at home with minimal movement in the city only in cases of necessity and emergency. For certain section of people it is possible to work from home and manage normal routine but the major distress has been seen in the life of daily wage workers and labourers. In this distressing situation of social and economic crisis there has also been increase in the number of cases reported for domestic violence and abuse. The study aims to understand the nature of distress leading to domestic violence, is it a way of coping: a displacement of stress. Secondary data was collected by analysing the reports by 'National Commission for Women' (NCW); 'Ministry of Women and Child Development'; 'United Nations' and 'World Health Organisation', a survey was also collected (N=105) to know the general perspective of people. The study also aims to explore the ways in which this situation can be controlled.


2021 ◽  
Vol 11 (1) ◽  
pp. 320
Author(s):  
Adam Andani Mohammed ◽  
Md. Sayed Uddin ◽  
Abdallah Mpawenimana Saidi

The study investigates the incidence of domestic violence as reported by the press under the Movement Control Order MCO during the pandemic. The study also discussed how of issues of domestic violence can be handled now and during future pandemics. Empirical evidence used in this study is based on secondary data and qualitative analysis technique adopted to assess issues of domestic violence. To get relevant data, Google Scholar was used as a tool to access the major databases provided by Springer, IISTE, Tailor and Frances, Emerald, Elsevier, Sage and others. Data were obtained from newspaper articles and news articles from various online news outlets as the only source to access data of incidence of domestic violence in Malaysia during the lockdown. Results indicate a slight decrease in calls on domestic violence immediately after the MCO was implemented on March 18. It is found that the decrease was due to the fact that survivors or victims were trapped with the abusers and could not seek help or escape. The study further found that organizations attending to domestic violence cases reported a serious increase in number of abuse cases in Malaysia in the second week of the MCO thus between 18 and 31 March. The findings are intended to contribute to the narratives on violence against women now and during future disease outbreaks. It may also assist in the future improvement of the provision of services and interventions for victims of domestic violence during pandemic.


2019 ◽  
Vol 1 (1) ◽  
pp. 44-56
Author(s):  
Agus Sya'bani Arlan

The increasing number of Divorce each year In Hulu Sungai Utara Regency, this data is obtained based on surveys or direct observations in the Amuntai Religious Court. The number of divorce cases from 2014 was 651 cases, in 2015 it increased to 654 cases, although in 2016 and 2017 it decreased by around 601 and 622 but in 2018 this was only in September as many as 662 cases of this number, so there was an increase in divorce rates. The purpose of this study is to identify and analyze the implementation of Regional Regulations and analyze the obstacles in implementing Regional Regulation No. 3 of 2016 concerning the Protection of Women and Children in the North Hulu Sungai Regency. The research method is qualitative descriptive, type and source of data, namely primary data through observation, interviews while secondary data through data available at the Office of Protection and Empowerment of Women and Children in Hulu Sungai Utara Regency, the technique used in sampling is purposive sampling technique is withdrawal of samples in purpose or can be determined in accordance with the requirements (characteristics, characteristics, characteristics, criteria). The results of the study show that in the implementation of Regional Regulation No. 3 of 2016 concerning the Implementation of Protection of Women and Children in Hulu Sungai Utara Regency, it is still not fully implemented. This can be seen where the handling of these cases has not been fully implemented, then people who are victims of domestic violence or the impact of their divorce is not all that they know about the local regulations, so they have not run properly, efficiently and effectively. So that the firmness in handling the case also cannot be implemented because the sanctions are not mentioned and the contents of the policy need to be renewed. The suggestions given for input include, among other things, providing a place for counseling and complaints about domestic violence issues, especially for the protection of women and children, there must be attention and support from the Hulu Sungai Utara District Head regarding the issue of funding in terms of supporting treatment women's protection case. Keywords: Implementation, Protection of Women


2021 ◽  
Vol 16 (1-2) ◽  
pp. 47-57
Author(s):  
Andreea-Elena Matic ◽  
Stefania-Cristina Mirica

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.


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