scholarly journals STUDI PENYEBAB TERJADINYA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI TINJAU DARI UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DI KABUPATEN REJANG LEBONG

2019 ◽  
Vol 2 (1) ◽  
pp. 105-121
Author(s):  
Fanny Muchlis Putra

ABSTRAKDalam penyebab terjadinya tindak pidana kekerasan dalam rumah tangga yang di tinjau dari Undang-Undang Nomor 23 Tahun 2004 tentang penghapusan kekerasan dalam rumah tangga di kabupaten Rejang lebong. Metode penelitian yang digunakan adalah empiris dengan mengunakan metode kualitatif. Dari hasil penelitian ini didapat bahwa: (1) Kekerasan fisik di mana kekerasan fisik menjadi penyebab terjadinya kekerasan dalam rumah tangga kekerasan fisik berupa rasa sakit, jatuh sakit, dan cacat selain kekerasan fisik ada juga kekerasan psikis yang menimbulkan rasa tidak berdaya, hilangnya percaya diri atau mengalami psikis berat, kekerasan seksual juga termasuk dalam kekerasan dalam rumah tangga kekerasan berupah paksaan yang di lakukan oleh anggota keluarga dengan aggota keluarga yang lain yang bertujan tertentu dan penelantaran rumah tangga adalah kekerasan dalam rumah tangga tanpa memeberi tanggung jawab seperti kehidupan, perawatan dan pemeliharan kepada orang tersebut (2) dalam penyelesaian tindak pidana kekerasan dalam rumah tangga di kabupaten Rejang Lebong penyelesaian dengan jalur mediasi dengan menunjuk orang ketiga sebagai penengah untuk bertujuan menampung pemikiran-pemikiran dari korban, tersangka, keluarga, untuk menyelesaian masalah, konsleor dengan cara memberikan konsling untuk memperbaiki psikologi korban, fasilitator di mana memfsilitaskan korban kekerasan dalam rumah tangga dalam menyelesasian kekerasan dalam rumah tangga, broker bertujuan memeberi tahu kepada korban di mana korban bisa meminta bantuan pertolongan dalam penyelesaian kekerassan dalam rumah tangga dan motivator dengan memeberikan dukungan kepada korban kekerasan dalam rumah tangga bahawa korban bisa menghadapi masalah kekerasan dalam rumah tangga.Kata kunci: kekerasan dalam rumah tangga; penyebab; penyelesaianABSTRACTIn the cause of the occurrence of criminal acts of domestic violence which are reviewed from Law No. 23 of 2004 concerning the elimination of violence in households in the Rejang Lebong district. The research method used is empirical using qualitative methods. From the results of this study it was found that: (1). Physical violence in which physical violence is the cause of domestic violence physical violence in the form of pain, falling ill, and disability in addition to physical violence there is also psychological violence which causes feelings of helplessness, loss of self-confidence or experiencing severe psychology, sexual violence is also included domestic violence forced coercion violence committed by family members with other family members who have a certain rainfall and neglect of the household is domestic violence without giving responsibilities such as life, care and maintenance to that person (2) in the settlement of criminal acts domestic violence in Rejang Lebong district with a mediation path by appointing a third person as an intermediary to aim to accommodate thoughts from victims, suspects, families, to solve problems, to provide counseling to improve victims' psychology, the facilitator in which facilitates victims of domestic violence in resolving domestic violence, the broker aims to inform victims where victims can ask for help in resolving violence in the household and motivators by giving support to victims of domestic violence that victims can face problems of domestic violence.Keywords: domestic violence; causes; settlement

2020 ◽  
Vol 9 (1) ◽  
pp. 221-230
Author(s):  
Shrijana Baral

Violence against women is a very complex and widespread issue in different societies. This study was done to identify the experience and causes of domestic violence in Nepalese context. The main objective of this study was to assess domestic violence among reproductive aged women of 15-49 years in Pokhara Sub Metropolitan city of Kaski, Nepal. A cross-sectional descriptive research design was used for this study. Samples were selected from multistage sampling technique. Semi-structured interview schedule was used. After analyzing data, it was found that (41%) of the respondents belong to the age group 35-44 years of age. Most of the females (89.5%) faced different kind of violence in their life from their family members. Women are suffering from psychological violence 84.2%, physical violence 83.2%, sexual violence 86.3% and cultural violence 87.4%. The causes of the violence are disobeying the husband 96.8% and alcoholism. Most of women’s husband 82.10% had habit of drinking alcohol. Women are being violated by their husband as well as their family members. There is a high prevalence of violence among female who are involved in labor work. Despite of high level of violence, women are not working against it in order to maintain their confidentiality and fear of losing their social prestige. Domestic violence is the most thoughtful social condition that threatens women’s physical and mental health. It is also legal and health challenges on women’s health and happiness. It is one of the most important issues so awareness is necessary for social justice.


KOMUNITAS ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 39-57
Author(s):  
Agung Budi Santoso

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.


2019 ◽  
Vol 20 (2) ◽  
pp. 78
Author(s):  
Suci Annisa Caroline ◽  
Novi Anoegrajekti ◽  
Heru S. P. Saputra

In a dominant patriarchal culture, women are considered lower than men in many aspects such as education, politics, workplace, and the sexuality discourse. This article shows the representation of women who symbolize her resistance which is reflected in the novel entitled Jalan Panjang Menuju Pulang by Pipiet Senja. It is used qualitative method supported by descriptive analysis on the basis of theoretical of radical feminism. The results of the study show that woman (Fatin) is subjugated by men. There are physical violence, psychological violence, and also domestic violence which happened to Fatin. Hans did Sexual harassment, while sexual violence done by Frankie. Meanwhile her husband ,Rimbong, threat her and hit her. Fatin suffers psychic and also physical violence. This spouse fought for the custody right. This research discuss about how Fatin showing her resistance to the domestic violence and sexual violence. In her apartment, Fatin dares to scuffles then reports Frankie to the police. She also reveals her resistance by hiding away her child when her husband will take her child.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Hbur Liusia ◽  

The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality


2020 ◽  
Vol 22 (5) ◽  
pp. 333-351
Author(s):  
Khondker Aktaruzzaman ◽  
Omar Farooq

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.


2018 ◽  
Vol 1 (2) ◽  
pp. 397
Author(s):  
Dwi Kurniawan

This research is focused on the normative legal norms and also the object of the law as the main data, they get out of control and a book of rules, which should be fine correctness of the research that has been done. The author conducted research in the area of Semarang Polrestabes. The results of this study are: (1) Implementation of the legal protection of children as victims of domestic violence can be done in two ways, namely the vicissitudes of non-penal and penal. Non-penal efforts undertaken by preemptive and preventive, while the penal effort is an attempt by the police as repressive as psychological violence in the domestic sphere occurred and reported to the police; (2) Constraints faced by the police in the implementation of the legal protection of children as victims of psychological violence in the household, namely: (a) Difficulty in finding strong evidence of child victims of psychological violence, in this case the question is about how to form psychological violence. (B) The difficulty to distinguish children who suffered emotional abuse committed by family members in a household setting. A child who is exposed to violence usually have a psychological fear to reveal their problems as a result of the perpetrator's actions. (C) The number of child victims of psychological violence for people who shut themselves in their environment and also included the police or Child Protective Services. (D) delay in reporting of family members in the household,Keywords: Legal Protection, Child, Domestic Violence.


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).


Author(s):  
Mashbahah Baroroh ◽  
Linusia Marsih

. This study reveals the types of domestic violence in “Sweat” by Zora Neale Hurston and “Woman Hollering Creek” by Sandra Cisneros. The discussion will involve the types of abuse, the reactions of the victims, and the similarities and differences about the abuse in the two selected short stories. This study is designed to interpret phenomena of life associated to domestic violence reflected in the selected stories. Thus, this is a qualitative study. As the discussion is focused on the characters’ psychological aspects, the extrinsic approach is applied.  The study finds out that the types of domestic violence that exist in the stories are emotional/psychological violence and physical violence and the victims of the abuse response somewhat differently to the abuse. The reactions of the abuse victim in Hurston’s “Sweat” include taking the violent silently and then to be moved to fight back, and the reactions of the abuse victim in Cisneros “Woman Hollering Creek” include  taking the violent silently and then making an effort to be free from the abuse by getting help from other people. The analysis also shows that the two short stories contain both similarities and differences.


2016 ◽  
Vol 4 (2) ◽  
pp. 64
Author(s):  
Oom Mukarromah ◽  
Asep Ubaidillah

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.


2019 ◽  
Vol 8 (1) ◽  
pp. 61-67
Author(s):  
Sara Setodeh ◽  
Fatemeh Ghodrati ◽  
Marzieh Akbarzadeh

Introduction: In addition to physical and psychological tension imposed on women through pregnancy, the stress of the spouses' violence can cause harmful effects on both the fetus and mother. In Iran, there are limited data on this subject. Thus, learning attachment skills may be effective in reducing adaptation and domestic violence. This study aimed to investigate the efficacy of paternal attachment on the severity of domestic violence in primgravida women. Methods: This quasi-experiment research was conducted on 150 pregnant women who were eligible and selected through simple convenience sampling. In the intervention group, four 90-minute training sessions were designed on father attachment, while the control group received routine prenatal care. A violence questionnaire was completed both before and after the intervention (36-38 weeks of pregnancy) in both case and control groups. Data analysis was done in SPSS software, using paired t-test and independent t-test. Results: According to the results of an independent t-test, there was no significant difference in psychological violence, physical violence, and economic violence. However, there was a significant change in social violence, sexual violence, and overall violence score. Conclusion: Training the fathers on behavior of domestic violence and its skills leads to reduced social and sexual violence. Therefore, it seems necessary to include education for the fathers in prenatal care.


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