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

Author(s):  
Lili Rubin ◽  
Ikman Nur Rahman ◽  
Qotrun Nida

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.

Author(s):  
Andreina Nandya Agung Putri

Indonesia ensure the welfare all of the citizens, including the protection Violence against women and children is a violation of human rights. The purpose of this research is to know the service procedure, that is given by P2TP2A to child victim of violence in the household and P2TP2A efforts in tackling domestic violence. This research used a sociological yuridistmetode whit analysis data that collected from describing by observation, interview and documentation as well as literature-related literature. Researchers took samples from Sidoarjo P2TP2A and then analyzed. The results of the research conducted it can be known procedure P2TP2A service victims can report to P2TP2A directly, via the hotline as well as public complaints and media directly. Next, P2TP2A in tackling domestic violence carried out some activities include prevention, service, and rehabilitation. The benefits of this study are expected to provide an understanding of solutions related to the implementation of which can be done P2TP2A appropriate in implementing the protection of children who experience KDRT.


2018 ◽  
Vol 25 (7) ◽  
pp. 862-881 ◽  
Author(s):  
Mieko Yoshihama ◽  
Tomoko Yunomae ◽  
Azumi Tsuge ◽  
Keiko Ikeda ◽  
Reiko Masai

This study reports on 82 unduplicated cases of violence against women and children after the Great East Japan Disaster of March 2011. Data were collected using a structured questionnaire from informants who worked with the disaster-affected populations. In addition to domestic violence, reported cases involved sexual assault and unwanted sexual contact, including quid pro quo assault perpetrated by nonintimates. Perpetrators often exploited a sense of fear, helplessness, and powerlessness and used threats to force compliance with sexual demands in exchange for life-sustaining resources. Findings point to the urgent need to develop measures to prevent and respond to postdisaster gender-based violence.


AL-HUKAMA ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 401-429
Author(s):  
Hadaita Na'mah

This article examines the implementation of the Sakera Jempol program (Realizing the Violence of Women and Children with Ball Pick) in Pasuruan Regency and the Effectiveness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence Against the Government’s Pasuruan Regency program. The data of this study are collected from observation, interviews, and documentation. Data are then analyzed using descriptive methods with inductive mindset, which describe the results of the research systematically and then seen using a juridical perspective. Based on data in the field, the Sakera Jempol Program is a program for handling victims of domestic violence, such as health services, counseling, rehabilitation, and legal assistance. The effectiveness of this program in reducing the number of violence, seen from the graph of the distribution of the number of cases of violence against women and children in the 2015-2018 period, succeeded in reducing cases from 68 cases to 21 cases of Domestic Violence (KDRT). The speed of handling victims of domestic violence is seen from the graph of the speed of handling cases of violence against women and children in the 2015-2018 period, from 5 days to 1 day. This program, if viewed from the reporting and protection stages, the handling phase, and the rehabilitation phase, is in accordance with Law No. 23 of 2004 concerning the Elimination of Domestic Violence.


2020 ◽  
Vol 2 (2) ◽  
pp. 25-41
Author(s):  
Ana Lucia Sabadell ◽  
Thamires Vieira

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.


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


2017 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanafi Arief

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


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.


2021 ◽  
Vol 70 (5-6) ◽  
pp. 357-378
Author(s):  
Jana Hertwig

Noch gibt es keine verlässlichen Zahlen. Es zeichnet sich jedoch ab, dass die mit der Corona-Pandemie verbundenen strikten Ausgangsbeschränkungen auch in Deutschland zu einem Anstieg häuslicher Gewalt geführt haben. In dem Beitrag wird untersucht, an welchen rechtlichen Vorgaben sich der Staat orientieren muss, um einen vorläufigen Gewaltschutz für Frauen und Kinder im weiteren Verlauf der Pandemie zu gewährleisten. Als rechtlicher Bezugsrahmen gilt das Übereinkommen des Europarats zur Verhütung und Bekämpfung von Gewalt gegen Frauen und häuslicher Gewalt (Istanbul-Konvention), zu deren Umsetzung sich Deutschland mit der Ratifikation im Jahr 2018 verpflichtet hat. Im Blickpunkt stehen Maßnahmen in den Bereichen Prävention, Schutz und Unterstützung. Abstract: Domestic Violence and Corona Pandemic in Germany. Legal Requirements for Immediate Protection Against Violence for Women and Children in the Face of the Istanbul Convention There are still no reliable figures. It is becoming apparent, however, that the strict restrictions on staying home associated with the Corona pandemic have led to an increase in domestic violence in Germany as well. This article examines the legal guidelines that the state must follow to provide immediate protection against violence for women and children in the further course of the pandemic. The legal reference framework is The Council of Europe Convention on the prevention and combating of violence against women and domestic violence (Istanbul Convention), which Germany has committed itself to implementing by ratifying it in 2018. The focus is on measures in the areas of prevention, protection and support.


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