Awang Long Law Review
Vol 5 No 2 (2023): Awang Long Law Review

WOMEN'S RIGHTS VIOLATIONS IN THE PRACTICE OF VIRGINITY TESTING CONDUCTED BY THE INDONESIAN NATIONAL ARMED FORCES AND THE INDONESIAN NATIONAL POLICE FORCE

Valerie Selvie Sinaga (Faculty of Law, Atma Jaya Catholic University of Indonesia)
Michael Adrian Young (Faculty of Law, Atma Jaya Catholic University of Indonesia)



Article Info

Publish Date
31 May 2023

Abstract

Virginity testing is a practice that is discriminatory, degrading to the honor and dignity of women, and is also a violation of human rights, which is carried out by the Indonesian National Police (POLRI) towards female police officer candidates as well as the Indonesian National Armed Forces (TNI) towards female soldier candidates. Therefore, two problems arise in this research, namely what kind of obligations and responsibilities does Indonesia have in regards to providing legal protection for women according to international law, and how is the legality of the practice of the virginity tests carried out by POLRI and TNI according to international law. This study uses a qualitative, normative-legal approach. The result of this study are as follows: The obligations and responsibilities that Indonesia has in regards to providing legal protection for women is mandated by Article 7 of UDHR, Article 4 letters d, e, f, and l of Declaration on the Elimination of Violence Against Women (DEVAW), Article 2 letters a, b, c, and f of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as Article 3 and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). In regards to the legality of the virginity tests carried out by POLRI and TNI, such practice violates article 1, article 2, article 5 of Universal Declaration of Human Rights (UDHR), article 1, article 2 section (3), article 3, and article 4 letter b of DEVAW, article 1 and article 2 letter d of CEDAW, article 7 of ICCPR, as well as article 16 and article 10 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

Copyrights © 2023






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...