Jurnal Perempuan
Vol 23, No 2 (2018): Criminal Law and Gender Inequality

Criminal Code Draft and Protection for Victims of Gender Based Violence

Eddyono, Sri Wiyanti (Unknown)



Article Info

Publish Date
16 May 2018

Abstract

This paper analysis whether the Criminal Code Draft is oriented towards the interests and protection of the rights of victims especially women victims of gender-based violence. This paper uses juridical or normative research methods, through analysis on articles in the Criminal Code Draft. This study uses analytical framework of feminist legal theory which put law as a political product and often neglects the interests of women victims of violence that vary. This paper finds that the main orientation of the Criminal Code Draft is the interests of the perpetrator and the community, but not explicitly oriented to the victim's interests. It is assumed that with reference to the public interest then it has been victim-oriented. The victim is still seen as the party who helps to reveal the case alone, not the party who has suffered the loss so they need protection and reparation. The responsibility of the perpetrator is addressed to meet the interests of a sense of community justice, not a victim. In addition, some of the regulatory articles on criminal offenses still contain problems because the Criminal Code Bill prefer to compiles several laws outside the Criminal Code but does not revise articles which based on the experiences of the victims is difficult to implement, such as the arrangement of PKDRT (domestic violence). Furthermore, there are still articles that victimize victims by criminalizing those who are actually victims of gender-based violence.

Copyrights © 2018






Journal Info

Abbrev

ifj

Publisher

Subject

Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Perempuan is a quarterly interdisciplinary publication in the English language and Bahasa Indonesia circulating original ideas in gender studies. JP invites critical reflection on the theory and practice of feminism in the social, political, and economic contexts of the Indonesian society. We ...