Victims’ Perception against Domestic Violence and the Act 23, 2004:

Socio-legal Research in Banjarmasin, South Kalimantan

Hanafi Arief

Universitas Islam Kalimantan Muhammad Arsyad Al-Banjari, Banjarmasin, Indonesia

Keywords: Victims’ Perception, Domestic Violence, DV Act 23, 2004

Abstract: Domestic Violence (DV) is a crime in the household. Wives are often the victims, while the husbands are

associated as the perpetrators of violence. DV happened anywhere in the wide world. The purpose of this

research is to describe how the women victims in Banjarmasin empowered themselves against the violence

in their household, and how the victims understood the existence of Indonesia DV Act 23, 2004.This

research used socio-legal method supported by regulatory approach and case study. Respondents were

women victims and data were collected through deep interview. The experts’ opinions were also collected

to support the result of the research. This research used a qualitative analysis. The result of the research

showed that many ways the women victims in Banjarmasin empowered themselves against the violence in

their household such as to keep silence, fight and defend themselves; run away leaving the perpetrator;

complain to the families or friends; complain and report to the NGO; complain and report to the authorities

such as the police, the Office of Religious Affairs, Social Welfare Department or Syariah Court. Most of

women victims are not aware of the legislation importance in relation with the prevention of violence in

household. But in contrary, women victims of domestic violence in Banjarmasin agreed to Indonesia DV

Act 23, 2014 with a view to protect women and the household members.

1 INTRODUCTION

Violence against women in the household is not a

new issue. This issue has long occured since men

and women carried out household through marriage,

and occurred in wide world including Indonesia.

Indonesian Women Commission reported 259,150

cases of violence against women during the year

2016, the Islamic Courts reported 358 cases,

Partners’ Service Institutions reported 13,602 cases

(Putra, 2016). Meanwhile the Detiknews

reported48,446cases during the year of 2017,

obtaining from several related agencies, and

domestic violence was the highest, reaching 335,062

cases (Fitria, 2017).

Violence in household is often considered as a

personal problem in family life, not asa social

problem until this problem be recognized as

something that has implication on healthy growth in

the community. Indonesia enacted DV Act 23,

2004as the protection of women, carried out based

on the principles of respect for human rights, justice,

gender equality and non discrimination (Arief,

2018). Philosophically the enactment of the DV Act

23 is to protect women or a house wife from

violence, jurisdically DV is a violation of human

rights and crimes against the dignity of humanity

and a form of discrimination that must be removed,

and sociologically due to the high level cases of DV,

low sanction giving rise to injustice to the victims,

particularly the wife. Meanwhile the legal system of

Indonesia has not yet guaranteed the protection of

DV victims (Rodliyah, 2017).

The DV Act 23, 2004 gives authority to the

Social Ministry, Health Ministry, Police,

Prosecutor's Office, Court and Social Organizations

prevent violence. Problems to answer in this review

are how the women victims in Banjarmasin

empower themselves against the violence in their

household, and how the victims’ perception against

the existence of Indonesia DV Act 23, 2004.

486

Arief, H.

Victims’ Perception against Domestic Violence and the Act 23, 2004: Socio-legal Research in Banjarmasin, South Kalimantan.

DOI: 10.5220/0009023000002297

In Proceedings of the Borneo International Conference on Education and Social Sciences (BICESS 2018), pages 486-489

ISBN: 978-989-758-470-1

2 DISCUSSION

2.1 Victims’ Empowerment

High experience to the existence of legislation may

protect the victims such as making reports and

official complaints to the authorities such as Police,

the Office of Religious Affairs, Social Welfare

Department, or the Syariah Court. These are the best

ways to prevent continuous violence. On the other

hand the negative and weak ways the victims are by

keeping themselves survived and silent when hit by

the perpetrator (Sari, 2018).

Based on the research, the ways the victims

empowered themselves depend very much on the

level of education and knowledge against the

existence of solution and related legislation. The

ways the victims used are to: keep silence (avoid

violence worse); fight and defend themselves; run

away leaving the perpetrator; complain to the

families or friends; complain and report to the NGO;

complain and report to the authorities such as the

police, the Office of Religious Affairs, Social

Welfare Department or Syariah Court. The effects of

the empowerment were obtained from the the

interviews with the victims. However there was the

possibility that the victims used one or more ways of

empowerment in the same time in addressing the

problems of DV. The victims conducted these ways

in accordance with the current needs of violence.

Most of the victims reported the case to the

authorities officially and on the other hand there

were some who reported the incident to the cluster

support unofficially to simply get the views that

needed to be, while others did not report at all. There

were various reasons why victims refused formally

to report and prefer to get support from informal

cluster like friends and members of family. The

reasons obtained are that the victims: (1) did not

want to prolong the problem for fear of

embarrassment and give rise to adverse effects on

the family (Scribd.com, 2018); (2) fear the

perpetrator would act more violent because of the

increasing rage perpetrators (3) confident his case

not be resolved effectively (www.feminist.org,

2018). (4) affected by changes of the perpetrators’

attitude after going through of "honeymoon" with

the hope that their husbands turn out to be good

(Nazirah, 2004). (5) claimed the mistakes come from

their own (self-blaming).

The research also showed that family and

neighbourhood gave responds either:

1. A positive response by giving moral support,

advice appropriate to meet the needs of the

victims to divorce the perpetrator.

2. A negative response with ignorance of the

victims against violence by the reason for not

interfere with "privacy" of the victim family

3. In addition, there are families and neighbors who

do not give respond in the cause of not aware of

the occurrence of violence.

Meanwhile, from the experts the research

obtained:

1. The community needed to educate how to save

evidence relevant for the purposes of legal action

when necessary. In many cases of household

violence, the absence of evidence (such as

medical reports, police reports, records of

incidents and the like) may cause difficulty in an

effort to bring the case to court when the needs

arise.

2. The Center might channel cases to departments

and public agencies to take immediate action.

The victims were assisted to make official

complaints and investigation begin as soon as the

cases were reported to the authorities. If it was in

need of protection, the authorities by doing

specific procedures had to obtain a court order

for the temporary protection of the victim.

3. For cases which required the services of those

who supported

 from Non-Governmental Bodies,

Legal Aid Bureau, Complaint Center might help

to get a panel of lawyers who were suitable to

begin the case if necessary or provided services

for the purpose of conciliation or settlement of

the case outside of the court.

The research showed that there were more

inclination families and neighbourhoods to not

interfere with family matters involving household

violence. Conservative attitudes and understanding

of violence problem in the household showed that

the need for the advocacy and efforts to raise

awareness among society about rights that might not

be interrupted with the availability of treatment

crime in their home environment (Trudy, 2018).

2.2 Victims’ Obstacles to Obtain Rights

and Interests

Women are facing a lot of obstacles in the fight for

their rights and interests to rise again after

experiencing in domestic violence. The causes are

such gender discrimination, creed problem of

violence as a personal that has to resolve by himself,

and in an effort to get help and support in particular

legal services. Not all victims are easy to obtain

Victims’ Perception against Domestic Violence and the Act 23, 2004: Socio-legal Research in Banjarmasin, South Kalimantan

487

these services. A large amount of money need to be

issued to settle the case. On the other hand, in the

case alike, it is clear the spouse became "victims"

with the costs of legal services should have been

borne by the perpetrator and not the victims.

Many ways how victims may be supported

morally and economically in the their uphold justice.

Some are:

1. Provide legal services in preparation.

2. Support documents and information.

3. Provide places of protection to find the safety of

themselves and their children.

4. Victims fund is established by the Government

to ease financial casualties including legal

services fund.

Based on the research, once after complaints

were accepted, most of the victims were interviewed

to find information about their cases and the

referred to the Social Welfare Department. The

victims and the perpetrators through the process of

counseling, were trying to return to a truce.

However, in extreme cases where good relations

were not refundable, the parties should find a way to

handle the case and suggested the case be settled by

legislation. Responsible officer should refer to the

legislation for assistance in getting legal services

especially for the victims who were not fortunate.

Commonly Social Welfare Officers and Police will

help to get the Temporary Protection Order.

However, legal assistance through Legal Aid Bureau

should also be simplified, especially for those who

were qualified to manage cases until completed.

2.3 DV Act 23, 2004 Enforcement

DV Act 23, 2004 highly depends on other legislation

to function in providing protection and prevention of

violence in the household. The other legislations

backed up to ensure implementation and

enforcement of the DV Act include;

1. Criminal Procedure (KUHAP)

2. Criminal Code (KUHP)

3. Child Protection Act 35, 2014

4. Police Act,2/2002

The research showed that the DVAct 35,

2004was based on other legal enforcement efforts,

this made the Act too dependent on other

legislations to be successful in the enforcement.

Technically violence in household is a specific crime

and it has specific legislation for the purpose of

implementation. In the principle of the adoption of

legislation (Erez, 2007), the specific act overrode the

general Act, in the context of the implementation of

the DV Act in Indonesia. In principle and technical

application of the legislation, this was a lack of

complete and beautiful legal but could not enforce

the law solely. This gave rise to the situation that

some author or legal experts said as "toothless

tigers" by the reason to enforce this legislation need

enforcement support such as Penal Code (KUHP)

and Criminal Procedure (KUHAP).

2.4 Domestic Violence: Public

Criminal, Not Personal Problem

Violence in households is often considered as

personal problem instead of legal problem due to

assumption of marital relations that legalizes any act

of family members, especially husbands against

wives. This may cause that the personal right does

not arise particularly when husband is considered as

a decision-maker. Therefore, wives have obligation

to comply with the decisions. In terms of violence in

households mainly comprising wives as victims,

misunderstand of cultures and religions has caused

violence was not brought to court.

Based on the research, women especially wives

in households felt stigma in dealing with problems

of violence because of the dilemma situation to deal

with the community. With that understanding, the

applicable duty of reporting violencein the

householdwas ignored by the victim based on

various reasons such as assuming that the victims

had the right not to report in the cause of no legal

provisions specifically requiring the victims to

report the case. On the other hand it should be

carefully studied that violent behaviour was

recognized as a form of crime. Thus, any crime

committed put responsibility to the public prosecutor

(Government representatives) to prosecute the

perpetrator, as a way of prevention of these criminal

acts. It is clear, violence in the household was

deemed to threaten the well-being of the community,

rather than the personal impact to the victim.

2.5 Victims’ Awareness of DV Act

Importance

Most of victims are not aware of the importance of

legislation concerning the prevention of domestic

violence. Superficial legal knowledge among the

community is not aliened, what else about the

importance and implications of the adoption of

specific legislation such as Indonesia DV Act 23,

2004, as other legislation that play roles to:

1. Manage public order and security in social life;

2. Resolve conflicts in the community;

3. Protect lives and property in the community;

BICESS 2018 - Borneo International Conference On Education And Social

488

4. Maintain the structure of civilization in a society,

and

5. Protect fundamental freedoms as set by the

constitution of a country

(www.paralegal.laws.com, 2018).

Lack of knowledge and awareness on the

importance and role of law may cause community

have choice in determining their behaviour. In fact,

human life has been structured by law in the course

of their everyday lives. The level of education may

become the cause of why the communities and the

victims do not see the problems of domestic

violence. No weakness of the victim to report the

violence is highly close to them. The level of

victim’s education influenced the victims in taking

action to prevent domestic violence.

Today's legislation has at least eight major

functions. Among them are to:

1. Maintain peace.

2. Influence and enforce standards of conduct.

3. Facilitate changes on a regular basis.

4. Allow maximum self-needs.

5. Oversee planning and meet reasonable

expectations,

6. Enhance social justice, and

7. Provide machanism for principles and solution

(The Function of Law, 2018).

Based on the research, the victims of domestic

violence in Banjarmasin viewed that DV is a crime

against human dignity, and agreed to the existence

of Indonesia DV Act 23, 2004 with a view to protect

women and members of the family in a household.

Deeper understanding of legal provisions has made

it easier for more socialization, application, and

implementation of prevention against acts of

violence in the household.

3 CONCLUSIONS

Many ways the women victims in Banjarmasin

empowered themselves against the violence in their

household such as to keep silence, fight and defend

themselves; run away leaving the perpetrator;

complain to the families or friends; complain and

report to the NGO; complain and report to the

authorities such as the police, the Office of Religious

Affairs, Social Welfare Department or Syariah

Court. Most of women victims are not aware of the

legislation importance in relation with the

prevention of violence in household. But in contrary,

women victims of DV in Banjarmasin agreed to

Indonesia DV Act 23, 2014 with a view to protect

women and members of family in the household.

The victims viewed that DV is a crime against

human dignity.

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