DOMESTIC VIOLENCE IN INDONESIA

Written By : Calistha Naisyila Ifliansa & Nabila Putri Sabrina

Definition and Types of Domestic Violence

Domestic violence or intimate partner violence is any act within a household that causes physical, sexual, psychological harm or suffering, or domestic neglect including threats, coercion, or unlawful deprivation of liberty. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender.

In general, there are several types of domestic violence such as physical violence, psychological violence, and sexual violence. However, based on the British Crime Survey, there are 3 components included in the types of domestic violence, namely non-sexual domestic violence which is further divided into 3 namely abuse, threats, and coercion; sexual violence; and stalking.

Law Reference

Rules regarding the protection of victims of domestic violence are regulated in a number of conventions and declarations. Among the existing conventions and declarations, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is one of them, while in Indonesia regulates domestic violence under Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT). Law No. 23 of 2004 regulates who are the victims, perpetrators, what actions are included in domestic violence, what are the roles and obligations of the government in providing assistance to victims of domestic violence, and what sanctions can be imposed on perpetrators of domestic violence.

Victims' Rights and Legal Protection

Victim’s right and legal protection are stated under Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT) in Article 10.

1. Protection from family, police, prosecutor's office, court, advocate, social organization, or other parties either temporarily or based on based on the stipulation of a protection order from the court;

2. Health services in accordance with medical needs

3. Special handling related to confidentiality of the victim

4. Accompaniment by social workers and legal assistance at every level of the examination process in accordance with provisions of laws and regulations; and

5. Spiritual guidance services.

 

Meanwhile in international law, Victims' Rights and Legal Protection are set out in General Recommendation No. 19 (1992) and General Recommendation No. 35 (2017) these regulations are particularly important as they extend CEDAW to fully address gender-based violence against women (GBVAW) It is the duty of the State to explain in more detail what the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) requires of the State.

The content of the regulation:

 

●   Must act diligently to prevent, investigate, and punish acts of violence.

●    Should ensure support services for victims, such as shelter, medical care, and counseling.

● Should reform laws that tolerate or ignore violence against women (for example, discriminatory criminal laws or rules of evidence).

 

Both of these laws force states to treat violence against women not just as "personal problems" but as serious violations of women's human rights.

Victim support, protection, legal remedies, and social change are mandatory under international law, not optional.

Causes of Domestic Violence and the Role of Gender Stereotypes

1. Reinforcing Male Dominance

   Traditional roles depict men as controlling and women as submissive, legitimizing abuse as "discipline."

2. Blaming the Victim

   Stereotypes lead to women being blamed and men excused, discouraging victims from reporting.

3. Undermining Male Victims

   Male victims are ignored due to beliefs that men must be strong, leading to underreporting and lack of support.

4. Cultural and Media Representations

   Media romanticizes abuse, desensitizing the public and confusing healthy relationship norms.

Sources:

• Grembi, V., Rosso, A.C. & Barili, E. Domestic violence perception and gender stereotypes. J Popul Econ 37, 1 (2024). https://doi.org/10.1007/s00148-024-00986-0

• Hukumonline. (2022). 4 Bentuk KDRT, Ancaman Pidana, dan Cara Melaporkannya. Hukumonline.com. https://www.hukumonline.com/berita/a/kdrt-lt61bcb7f549792/?page=all

• Nations, U. (2025). What Is Domestic Abuse? | United Nations. United Nations. https://www.un.org/en/coronavirus/what-is-domestic-abuse

• Republik Indonesia. (2004). Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga. Lembaran Negara Republik Indonesia Tahun 2004 Nomor 95.