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Endang Suparta
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Humanities Social Sciences

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Regulatory Reconstruction of Femicide Phenomena and Gender-Based Violence against Women Viewed from a Victimology Perspective Endang Suparta; Fanny Refika
Salasika Vol 9 No 1 (2026): Salasika (Indonesian Journal of Gender, Women, Child, and Social Inclusion's Stud
Publisher : Asosiasi Pusat Studi Wanita/Gender & Anak Indonesia (ASWGI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36625/sj.v9i1.211

Abstract

Indonesia currently does not have legislation that specifically recognizes femicide, the murder of women based on gender, as a separate crime. Femicide cases are still considered ordinary murder (Article 338 of the Criminal Code), which results in gender-based motives being often overlooked and legal protection being provided less than optimally. The murder of women is often equated with general crimes, without considering aspects of misogyny or injustice in power relations related to gender. This study uses a normative juridical method, namely legal research that establishes law as a system of norms studied through principles, norms, rules from laws and regulations, agreements, and doctrines. The discussion results suggest that the current regulations do not differentiate between femicide and murder in general. This is due to a legal vacuum in which there are no specific regulations regarding femicide. Thus, cases of femicide, which have become the tip of the iceberg, ultimately reach the legal realm only as cases of general murder. In fact, femicide is the extreme murder of women because of gender identity, rooted in patriarchal domination.
Co-Authors Fanny Refika