Strategies and Challenges for Women Protection against Violence: A Case Study of Jakarta and Cairo (original) (raw)
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Ending Violence Against Women In Indonesia: State Policy And Practice
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Public international law mandates States to promote protect and fulfil human rights. State obligation at the international level is determined by international law which is comprised in the various treaties a State ratifies as well as customary international law. When a State assumes international obligations, it is obliged to comply with its international obligations premised on the due diligence principle. The research critically analyses the evolution, development and application of the due diligence principle in international law and presents a discourse on its utility in clarifying State obligation to eliminate violence against women. It then investigates Indonesia’s international obligation to end violence against women and what this obligation entails in the island of Java by focusing on specific forms of violence against women and by analyzing how far these efforts are in response to treaty obligations. Finally, the research investigates the perspectives of civil society in ...
Indonesia is in the process of making to become more consolidated democratic state. The multiple conditions of national catastrophe ranging from economic crisis, political instability and culture degradation that we had soon after the decline of Suharto's New Order authoritarian regime 1 are slowly getting recovered. Although we have not yet totally overcome the national crisis, but it seems to be that Indonesia will go on the right direction toward a consolidated-democratic state. Some indicators such as the democratic process of general elections, the decentralization of power through the enactment of regional autonomy law and high respect to human rights and gender rights can be put as the symbol of more democratic nature and culture in this country. In 1999, people of Indonesia succeeded in conducting the most democratic general elections since its independence 1945. This success was followed by another success in 2004 in which Indonesia can be claimed as the first country of the world conducting the direct general elections both at the presidential and parliamentarian levels. Moreover, the 2004 general elections did not only nominate the male candidate of parliament, but it also succeeded in designating the female candidates as parliament member in the period of 2004-2009. The number of the designated female members of parliament in the 2004 general elections is around 13.6 % of the total number of parliament member. 2 Although the percentage is still under national agreed quota (30 %) addressed for women, but it still will have significant contribution to increase more gender sensitization and awareness of legislation process by the parliament. At least, the female members of parliament can influence law legislation processes to become more gender justice. In 2004, for instance, the parliament issued national law on domestic violence against women.
2016
The law Number 23 of 2004 on the elimination of violence in household outlaws violence occurred within domestic sphere or is committed by relatives such as husband. The law acknowledges violence within domestic sphere as a punishable crime. It covers physical, psychological, economic and sexual violence. The law is enacted due to concern on high occurrence of domestic violence and the absence of law specifically addresses the problem. Even though the law can be considered an improvement in gender discourse within Indonesia, there are still many flaws to be put forward, especially from gender perspective. On the other side, the law encounters controversy since some Muslims regard it a violation to Islamic values. This paper analyzes the law from two perspectives; gender and Islam. From gender perspective, this law is a gender-aware policy and therefore can be regarded as a positive development in struggles over women’s rights. Moreover, this law also acknowledges that denying women...
Protection of Women Victims of Violence in Indonesia: Perspective of Criminal Law
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This research aims to find out the protection arrangements for women victims of violence in Indonesia: Criminal law perspective. The methods used are qualitative descriptive with normative research referring to written regulations and other legal materials. The results showed that the completion of women victims of violence in Indonesia with mediation in a form of consensus deliberation and customary law and Islamic law. Article visualizations:
Women in the Midst of Violence From a Human Rights Perspective
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This article briefly examines Gender Based Violence (GBV) in Indonesia based on the 2021 and 2022 reports of the National Commission on Violence Against Women/Komnas Perempuan (NCVAW). It seeks to understand (GBV) and violence against women (VAW) viewed as a product of patriarchy that socially constructs and defines gender roles, gender relations, and power relations. Among several arguments, VAW cases are due to the vulnerable position of women caused by patriarchy that discriminates and subordinates women, in addition to the unequal power relation between men and women, husbands and wives, children and parents, other family members, friends, and colleagues. One perspective is selected to understand this violence: policy or law, providing directions from which this study focuses. Patriarchy or varieties of patriarchy applied in this work provide a brief theoretical tool of analysis to scrutinize GBV in Indonesia by assessing regulations and reports. This study employs a qualitative research approach that focuses on scrutinizing regulations and 2021 and 2022 reports. The findings suggest that GBV in Indonesia relates to the defined prescription of the husband and wife relationship in the marriage regulations. Patriarchal values may have shaped unequal social arrangements, gender roles, gender relations, and understandings of power relations at the macro and micro levels. Approaches to studying law and regulations concerning GBV are varied and complex. Theorising patriarchy and varieties of patriarchy are still relevant. The limitation of this article is that it offers broad contexts. Therefore, articulate research based on specific perspectives and distinct theories on these reports remains widely interesting.
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Gender-based violence (GBV) is a global issue that violates human rights and impedes social development. This research paper presents a comparative analysis of the international legal framework and practices relating to GBV in Indonesia. Through a qualitative research approach, including document analysis, comparative legal analysis, and case studies, this research explores the alignment of Indonesia's legal framework with international standards and examines initiatives and practices implemented in Indonesia to address GBV. The research identifies gaps, challenges, and potential solutions, providing insights for policymakers, practitioners, and advocates working to combat gender-based violence in Indonesia and other similar contexts.
Policy Analysis Of The Phenomenon Of Violence Against Women In Indonesia And Solutions
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Tujuan penulisan penelitain adalah menganalisa fenomena kekerasan terhadap perempuan di Indonesia dan solusinya. Fenomena kekerasan dianalisas dari empat faktor: (1) budaya; (2) ekonomi' (3) sosial; (4) politik. Dimana Tahun 2022 terdapat sekitar 431.236 kekerasan terhadap perempuan, dengan kasus kekerasan fisik: 24.273; kasus kekerasan seksual 146.583 kekerasan psikis dan 150.000 kasus perempuan. Metode penelitian menggunakan metode kualitatif dengan desain penelitian deskriptif. Lokus penelitian di Kota Jakarta; Makasar dan Bandung. Hasil penelitian menyebutkan kekerasan yang disebabkan faktor empat factor, yaitu (1) budaya: antara lain patriarki, kekerasan dalam rumah tangga, dan pandangan bahwa perempuan adalah objek; (2)ekonomi penyebabnya: antara lain kemiskinan, ketimpangan gender, dan kurangnya pendidikan; (3) sosial penyebabnya: antara lain diskriminasi terhadap perempuan, stigma, dan kurangnya kesadaran masyarakat tentang kekerasan terhadap perempuan; (4)politik penyebabnya: antara lain kurang efektifnya penegakan hukum, kurangnya dukungan dari pemerintah, dan kurangnya partisipasi perempuan dalam politik. Solusinya mengatasi empat faktor diatas adalah dengan melakukan berbagai upaya, antara lain: (1) melakukan peningkatan kesadaran masyarakat tentang kekerasan terhadap perempuan; (2) melakukan penegakan hukum yang tegas terhadap pelaku kekerasan terhadap perempuan; (3) melakukan pemberian dukungan kepada korban kekerasan terhadap perempuan; (4) melakukan pemberdayaan perempuan. Keempat upaya diatas harus dilakukan secara komprehensif dan berkelanjutan agar mencapai tujuan untuk mewujudkan Indonesia bebas dari tindakan kekerasan pada perempuan.
Protecting Women from Domestic Violence: Islam, Family Law, and the State in Indonesia
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Despite the enactment of a specific law on domestic violence, the elimination of violence in the household is still an elusive target in Indonesia. For example, according to the National Commission on Anti Violence Against Women, a large number of Muslim divorces in the Religious Courts have involved domestic violence. This article discusses the opportunities and challenges for eliminating domestic violence in Indonesian Muslim society. Employing both normative and socio-legal analysis, it finds that the state is unable to resolve the existing conflict between the requirements of the Law – which oblige the state to amend conflicting legislation – and the provisions of both civil and Islamic marriage laws, which create the potential for violence against women in the household. These include gender role stereotypes, the fuzziness of the obedience concept (nushūz) and linking maintenance to a wife’s obedience, and the ambiguity of marriage validity. This necessitates the reformation of Indonesian marriage laws.
Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia, 2021
Violence against woman and children has reached public space, working institution and educational institution. Presidential Regulation No. 65 of 2020 on Ministry of Woman Empowerment and Child Protection was stipulated to optimize legal protection for children and woman in Indonesian law and reality through analysis of woman violence and children in Central Java. This article is based on sociolegal approach which focus in implementation of Presidential Regulation No. 65 of 2020 Ministry of Women Empowerment and Children Protection. Analysis is based on empirical data comparison about implementation of this regulation as well as quantitative (statistic) data as empirical result. This study is to identify problems with approaches such as statute approach, sample survey from multiple sources, ethnography observations, in-depth interviews, and case studies analysis. This research shows that Presidential Regulation No. 65 of 2020 as an effort to protect women and children against violence has not been optimum. This is due to limited access to legal aid/services, lack of legal knowledge, case/report collection. There remains high rate of crime against woman and children. According to the data of Commission for Child and Woman Protection, there are about 1.413 cases in 2019 and this number increase to 2.389 cases in 2020. Gender issues in development still show the gender gap, so efforts to optimize the protection of the law on the rights of women and children from various forms of violence and trafficking crimes are urgently needed.