Articles
614 Documents
Sexual Violence at University Level: A Philosophical Feminism Overview
Widiantini, Ikhaputri
Jurnal Perempuan Vol 26, No 2 (2021): Sexual Violence and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v26i2.585
This paper highlights the philosophical issues related to sexual violence cases at the university level. Many reports were found related to the sexual violence cases at the university level, but did not came to a solution that take sides to the victim. This is not just a problem about the unstrict law to handle the cases. There is a basic problem that underline in the mindset and behavior. Rape culture in society failed us to understand that this is a form of violence against humanity. The basis of patriarchal logic also affirms the condition. Based on the standpoint feminism method, also supported by data on sexual violence reports, I pointed the importance of using the feminist logic approach in viewing this issue. I aim to restore the point of view on siding the victim which can provide justice in handling the sexual violence cases at the university level.
Fornication as criminal act, Women's Vulnerability and the Stigma against Women's Movement
Mariana Amiruddin
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.226
The paper explains how criminal code of zina (fornication) criminalized women victims of sexual violence. The data of Komnas Perempuan's Annual Records and the direct complaint from the victims can illustrate that women's personal relationships are particularly vulnerable to violence. The theories of feminism are used as an analytical tool of women's lives and their problems in the private sphere, including in terms of sexual relationships and love, whether married or not. This paper concludes with the challenge of the stigma of the feminist movement, as a movement considered to be opposed to morality and religion, and it is not just happen in Indonesia.
Formulation of Article 488 of the Indonesian Criminal Code Draft: A Portrait of Failure in Construing the Problem of Women's Access to Legal Identity
Lidwina Inge Nurtjahyo
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.230
The Draft of the Indonesian Criminal Code has provoked a debate, especially with regard to the articles under the scope of decency. The formulation of Article 488 has the potential to create new problems for women. Especially women who have obstacles in accessing legal identity. This Article 488 is a reflection of the failure of jurists to formulate laws, in understanding women's experience in relation to their access to the right to obtain legal identity, especially in the context of relationship. The criminal law is not the answer to all problems. This paper is compiled using data obtained from field study related to the handling of cases of violence against women under customary law, carried out by the authors and the team from Legal and Community Studies Fields in 2015, 2016 and 2017 in Eastern Indonesia; as well as data on legal and non-legal text analysis. The overall method and analysis of research findings using feminist legal studies and feminist legal theories.
‘Measuring’ Adultery in Article 284 of the Criminal Code
Ajeng Kamaratih Desjardins
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.231
After the resolution about the petition of extending the meaning of adultery rampant discussed in the community, Article 284 KUHP is still an interesting article to be reviewed. Diversity in the Indonesian community causes a number of applied regulations must become as fair as possible to be a legal protection for all layers of society, including the regulations ruling the crimes of decency. Different understanding about violating decency in some community groups causes the article in Decency Crime section, especially in adultery case, often marginalizes some groups of community. There are indeed some group that might be potential to be victims of adultery cases if the meaning of adultery ever happens to be broadened. Further in its application, Article 284 KUHP makes the line between morality and crime becomes very thin. This research is done using the approach of feminist legal theory, by reviewing legal text to get an understanding on how sexuality and imagination about the woman victim is projected by law.
Criminal Code Draft and Protection for Victims of Gender Based Violence
Sri Wiyanti Eddyono
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.233
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.
Fornication as a criminal conduct in the Criminal Code Draft: Legal Protection versus Criminalization against Women
Laili Nur Anisah
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.234
On 14 February 2018 the Draft of the Criminal Code (RKUHP) was adjourned until an undetermined time, several articles deemed to be problematic. One of them is a criminal act of fornication. A new article will convict a denial-men who promises woman he has intercoursed with. Eventhough that article is meant to protect women, on the other hand, it can also be a factor to victimize women as perpetrator. This paper examines the position of women among the articles which will protect women's rights as well as those which criminalize them. This paper is a normative juridical study by using literature review and aims to find the problem and also intend solving it. The result, victimized-women protection Article in RKUHP should carefully be formulated in order not to allow victim women to be criminalized.
Women Facing Legal Cases: Reflection on the Use of Articles 284 and 285 of the Indonesian Criminal Code from the Experiences their Legal Counselor
Bella Sandiata
Jurnal Perempuan Vol. 23 No. 2 (2018): Criminal Law and Gender Inequality
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i2.235
This paper raises the narrative of experience from legal counselor who once accompanied women victim in cases related to article 284 of the Criminal Code on adultery and article 285 of the Criminal Code on rape. In an interview with the author, four female public lawyers shared their experiences including challenges and obstacles they encountered while advocating cases of adultery and rape. Unacceptable reports, slow-running legal process or even halt in the middle of the process, and facing the attitude of sexism towards victims and public lawyers are some of the obstacles and challenges experienced by the legal counselor of women victims. These public lawyers saw that the criminal law is still not on the side of women and has not provided justice for women. They directly see and experience the difficulty of the legal process running for the article of adultery and rape. Using the feminist legal theory this paper found that law that do not have a gender perspective and siding with women are obstacles to the fulfillment of women victims rights.
The Complexity of Work for Women who are HIV Positive: A Case Study in DKI Jakarta
Andi Nur Faizah
Jurnal Perempuan Vol. 23 No. 4 (2018): Women and The Care Economy
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i4.269
The phenomenon of HIV-AIDS transmission places women in a difficult situation. The loss of family members such as husbands due to AIDS leaves women living with HIV positive in a struggle to access sources of livelihood. The condition of themselves as PLWHA, concerns about being stigmatized, caring for family members, and earning a living are the burdens of life they have to face. In this regard, this paper explores the complexity of the work of HIV-positive women. This study uses a qualitative method with a feminist perspective to get a complete picture of the livelihood of HIV-positive women. Based on interviews with five HIV-positive women, the findings found a link between social, identity, and gender categories that affect their livelihoods. HIV-positive women also transform themselves into their “normal” self by pretending to be healthy, able to work, have quality, and be independent. This is done as a form of resistance to the stigma attached to PLWHA.
Measuring the Autonomy of Female Family Heads in Savings and Loans Activities at a Microfinance Institution
Linda Yuliantini
Jurnal Perempuan Vol. 23 No. 4 (2018): Women and The Care Economy
Publisher : Yayasan Jurnal Perempuan
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.34309/jp.v23i4.272
It is important to study the autonomy of women's autonomy, because it is relational, multidimensional and influences the lives of women, especially regarding actions and decision-making in all aspects of their lives. This research explores the autonomy of female household heads (PEKKA) in savings and loan activities at a microfinance institution both individually and collectively. Pekka's individual autonomy is seen in the context of power through power within, power to, and power over, while collective autonomy is in line with the power with concept offered by Linda Mayoux. This study uses a qualitative approach with a female perspective. Data collection was conducted through in-depth interviews with five subjects that were selected purposively. The results showed that participation in savings and credit activities increased the autonomy of individual female heads of household more significantly compared to collective autonomy in groups.