scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

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 Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household.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).

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 


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.


Author(s):  
Giane Lopes Oliveira ◽  
Ninalva de Andrade Santos ◽  
Juliana Costa Machado ◽  
Vilara Maria Mesquita Mendes ◽  
Roberta Laíse Gomes Leite Morais ◽  
...  

Objective: The study’s purpose has been to understand domestic violence against women under the perception of Family Health teams. Methods: It is a descriptive study with a qualitative approach, which was performed with 24 professionals from Family Health Units located in a municipality from the Bahia State countryside, Brazil. Data collection took place through semi-structured interviews designed according to the thematic content analysis. Results: Physical and psychological violence were the most common forms of domestic violence against women, with alcoholism, jealousy and macho culture as triggers for aggression. Gender and power relations were evidenced in the context of violence. Conclusion: Therefore, it is possible to underline the need for training of the Family Health teams in order to identify and adequately handle cases of domestic violence against women, aiming for comprehensive care.


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


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%.


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.


2014 ◽  
Vol 2014 ◽  
pp. 1-6 ◽  
Author(s):  
Sedigheh Nouhjah ◽  
Seyed Mahmood Latifi

Domestic violence against women is an important health issue, but few studies have focused on city of residence and ethnic differences. To estimate the prevalence of various forms of domestic violence and certain related factors, with a specific focus on city of residence and ethnicity, we studied 1820 married women attending public health centers in 4 large cities in Khuzestan Province, southwestern Islamic Republic of Iran. We used an interviewer-administered questionnaire for data collection. The prevalence of some forms of lifetime domestic violence against women was 47.3%. The prevalence of physical, psychological, and any form of lifetime violence was the highest in Dezful (25.7%, 54.8%, and 57.7%, resp.). For sexual violence, the highest prevalence was reported in Ahvaz (17.7%). The highest prevalence of physical and sexual violence during any point of life was reported by Arab women (25.1% and 16.7%). The experience of all forms of violence was significantly associated with city of residence. Results of regression logistic analysis revealed that all of the forms of violence except psychological violence were statistically significantly associated with ethnicity (P<0.05).


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


Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 129-142
Author(s):  
Vesna Nikolic-Ristanovic

The paper has two aims. It aims to present first steps in introducing the topic of violence against women in higher education institutions in Serbia as well as to present results of exploratory research about the current situation regarding the place that violence against women as a topic has in teaching at the selected higher education institutions in Serbia. In the first part of the paper, the first time inclusion of this topic in one criminology textbook and the syllabi at the Law Faculty (University of Nis) in 1998, and later (2004) at the Faculty for special education and rehabilitation - FASPER (University of Belgrade) is described. The importance of the cooperation of the author of this paper and professor Slobodanka Konstantinovic Vilic, persons and circumstances that were beneficial for their ideas to be realized, as well as further development of teaching about violence against women at these faculties is emphasized. In the second part of the paper current state of teaching about violence against women at the Law Faculty (University of Nis) and FASPER is examined within a larger context of the situation at similar faculties in Serbia. The analysis is focused on the visibility of the violence against women topic in the syllabi of the faculties of three state universities: University of Belgrade, University of Nis and University of Novi Sad. Apart from the Nis Law Faculty and FASPER, the analysis included the law faculties of the University of Belgrade and University of Novi Sad, as well as Special education and rehabilitation studies at the Faculty of Medicine in Novi Sad. The analysis is based on the data contained in the syllabi (undergraduate, master and doctoral level) that were available online on the internet sites of the given faculties in October 2018. Qualitative analysis of the syllabi was performed. It included the following data: course title, goals, outcomes, content and reading materials. The results suggest that violence against women topic is included in teaching at the majority of the faculties encompassed by the study, while at the same time there is inconsistency in dealing with different forms of violence. The topic of domestic violence is the most common, while sexual violence and trafficking in people (women) are less present. Some faculties have courses specifically dealing with either domestic violence or trafficking in people. Other forms of violence against women, such as stalking, work-related abuse and violence against women in general, are rarely present in syllabi, i.e. only at certain faculties. We can assume that these topics are only sporadically taught, or are not taught at all. The topic of violence against women is most prominent in undergraduate level syllabi, while it is somewhat less represented on the master level and in doctoral studies. However, on the other side, some master courses are completely or largely devoted to topics related to violence against women (e.g. courses called Domestic violence and Trafficking in people). The main weakness is the fact that most of the courses that have violence against women as a part of their syllabi are optional courses, which means that all students are not educated for adequate dealing with violence against women in their future practical work. Based on the study results, the author concludes that the current situation regarding the inclusion of the violence against women topic is better than twenty years ago. However, it is necessary to conduct larger and more detailed study in order to give reliable estimation of whether education that future professionals obtain at faculties in Serbia is appropriate to assure adequate social response to violence against women in terms of its suppression, prevention and victims support.


2016 ◽  
Vol 1 (1) ◽  

The present study presents the findings about domestic violence women experienced by their husbands in 2015 in Turkey. A total of 50 women between the ages of 18 and 50 participated in the study. They answered the questions about physical, psychological, and sexual violence which they experienced by their husbands, on social media. The findings of the study have shown that all participants have been exposed to physical, psychological or sexual violence at least once. Various risk factors related to violence against women have attracted attention: alcohol; the idea of that men have the right to control women; men’s excessive instinct of aggression; insufficiency emotion that the men contain within their personality (men’s excessive instinct of inferiority); insufficient education intended for avoiding violence during the school years and in family and the perception of violence as a sign of male superiority. However, women have explained their reasons to accept violence as their lack of economic freedom and the family’s economic problems, their desire to have children and to maintain the integrity of the family by following the customs and traditions. It has been observed that women react to violence by responding to their husbands with physical violence, leaving the environment, trying to forget the violence by concentrating on different activities and accepting violence. The data of the study revealed that none of the women who are subjected to violence have reported violence and thought to get help from any official institutions. The necessity of violence prevention policies, the importance of early intervention of harassment and violence experienced in childhood and educations about violence have been discussed. The data collected in the present study is intended to contribute to the studies conducted to prevent violence against women and to create a positive change even if on a small scale.


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