Domestic violence is a form of violation of human rights. In addition, domestic violence is classified as a form of crime against human dignity and discrimination.
Domestic violence can be defined as an act or actions that result in physical, psychological, and sexual suffering to people who live within the scope of the household; such as husbands, wives, children, people who have blood relations, marriage, breastfeeding, parenting, guardianship, or people who work to help with household chores.
The issuance of Law No. 23 Year 2004 on the Elimination of Domestic Violence, or largely known as UU PKDRT, is considered a legal breakthrough. This law is seen as a form of state attention and legal protection for victims by providing criminal sanctions to the perpetrators.
In addition to the state, everyone who hears, sees, and knows the occurrence of acts of domestic violence is obliged to make protective efforts in accordance with the limits of their abilities. This effort can be in the form of providing emergency assistance or helping victims make reports of domestic violence cases to law enforcement officials.
Offenses of Domestic Violence
Referring to UU PKDRT, acts of domestic violence can be categorized as ordinary criminal offenses and complaint offenses (delik aduan). The use of the offenses depends on the consequences of the violence.
The ordinary criminal offenses are used if the act of violence causes the victim to fall ill, suffer serious injury, impaired thinking or psychiatric problems for at least four weeks continuously or one year non-consecutively, fetal death / miscarriage, loss of reproductive organs to the loss of the victim’s life.
The complaint offense is used if the violence is committed by the husband against the wife or vice versa and does not cause illness or hindrance to carry out a job or daily activity as regulated in Article 51, 52 and 53 of the law. This offense can only be filed by the victim or their legally appointed attorney based on the rules and regulations.
Criminal sanctions for perpetrators of domestic violence
The law regulates criminal sanctions for perpetrators of domestic violence. The sanctions range from imprisonment, fines, and additional penalties in the form of distancing the perpetrator from the victim within a certain distance and time, restriction of certain rights of the perpetrator, and punishment of the perpetrator to participate in counseling programs under the supervision of certain institutions.
Criminal sanctions against perpetrators of domestic violence regulated in the law are as follows:
– criminal sanctions against perpetrators of physical violence are in the form of imprisonment for a maximum of five years; however in the event that the victim gets sick or seriously injured the perpetrators can be punished with imprisonment for a maximum of 10 years; or if the act results in the death of the victim the perpetrators can be imprisoned for a maximum of 15 years. I the act is committed by the husband against the wife or vice versa which does not cause illness or hindrance to carry out work or livelihood or daily activities, he or she can be imprisoned for a maximum of 4 years.
– criminal sanctions against perpetrators of psychological violence are in the form of imprisonment for a maximum of three years; however, in the event that the act is committed by the husband against the wife or vice versa which does not cause illness or obstacles to carrying out work or livelihood or daily activities, he or she can be imprisoned for a maximum of four months.
– criminal sanctions against perpetrators of sexual violence within the scope of the household are in the form of imprisonment for a minimum of four years and a maximum of 15 years.
– criminal sanctions against perpetrators of psychological violence and sexual violence that result in the victim receiving injuries without hope for a full recovery, experiencing a disturbance of thinking or psychiatrically for at least four weeks continuously or one year non-consecutively, suffering abortion or death of a fetus in the womb, or resulting in the malfunction of the reproductive organs, are imprisonment for a minimum of five years and a maximum of 20 years.
– Criminal sanctions against perpetrators of domestic neglect are imprisonment for a maximum of three years.
In the evidentiary process, the testimony of the victim accompanied by valid evidence is sufficient to prove the perpetrators of domestic violence guilty. With the existence of legal protection for victims of domestic violence, it is expected that victims will not hesitate to report the acts of violence they suffer to the police. This is important to restore the physical or psychological condition of the victim to enable them continue their life properly.
Author / Contributor:
 | Asdel Fira, S.H., CHRP Senior Associate Contact: Mail : fira@siplawfirm.id Phone : +62-21 799 7973 / +62-21 799 7975 |