CONCEPT OF SPECIAL CRIMINAL JUSTICE SYSTEM FOR WOMEN VICTIMS OF VIOLENCE

CONCEPT OF SPECIAL CRIMINAL JUSTICE SYSTEM FOR WOMEN

VICTIMS OF VIOLENCE

Introduction

The rise of violence against women has become a popular series of crimes in recent times.

It is ironic that in the midst of a society that lives on the principles of rationality, democracy,

and humanism, which in theory should be able to reduce the amount of violence, the

occurrence of violence as a culture has increasingly become an inseparable phenomenon.

Violence against women results in domination and discrimination, preventing progress for

women (Ministry of Women's Empowerment and Child Protection & Central Bureau of

Statistics, 2017). Violence against women is "any act of gender-based violence that results in

or is likely to result in physical, sexual/psychological harm to women, including threats of

such acts, coercion or abuse" arbitrary deprivation of liberty whether occurring in public or in

private life". Types of violence can be physical, sexual and psychological which can be

carried out in the realm of family, community and state (UN General Assembly, 1993). The

impact caused by violence, in addition to physically, will also be felt psychologically

(Johnson, Ollus, & Nevala, 2007), besides that it can also be seen from behavioral aspects,

economic aspects and social aspects (Kapoor, 2000). All types of violence can lead a woman

to commit suicide, drug and alcohol abuse (World Health Organization & Pan American

Health Organization, 2012). In addition, sexual violence, which is globally recognized as a

significant human rights issue, has also changed in an increasingly digital and normalized era,

with the rise of technology-facilitated sexual assault, 'revenge porn', online sexual harassment,

and gender-based hate speech (Powell & Henry, 2017).

So far, studies on women victims of violence have focused on three issues main. First,

women in the criminal justice system (Malinda, 2016; Muammar & Mahmudah, 2020;

Rodliyah, Putro, & Cahyowati, 2021). Second, protection that focuses on women victims of

rape (Adriyanti, 2022; Rahmi, 2018; Sayudi, 2016). Third, access to justice for women

victims of crime (Arum & Agustanti, 2022; Kusumawati & Rochaeti, 2020; Raseukiy &

Aulia, 2019). The majority of women experience stigmatization and discrimination after

experiencing violence. This causes women to feel unfamiliar and worry excessively or can

even be isolated from their family and friends. These concerns are common and if left

unchecked, will affect women's participation in various aspects of life in society.

The purpose of this paper complements the shortcomings of previous studies that ignored

the construction of thinking about the importance of women victims of violence in the

criminal justice system, which is expected to provide protection and realize the principles of

justice for women. Specifically, the paper explains how the concept of the criminal justice

system in handling cases of violence that place women as victims. In line with that, the

question can be formulated is how the concept of a special criminal justice system for women

victims of violence.

The paper is based on a main motivation, namely the guarantee of legal protection and

justice for victims that must be realized. Victims in the scope of victimology have a broad

meaning because they are not only limited to individuals who have actually suffered losses,

but also groups, corporations, the private sector, and the government (Sunarso, 2012). There

is no correspondence between what is aspired to and what already exists. When talking about

women as victims of violence, there should be several things that must be regulated more

specifically, including the form of protection, who guarantees and how the sustainability of

the protection provided. Speaking of victims, apart from women, it should not be forgotten

that men are also possible victims (Agustanti, Dirkareshza, & Taupiqqurrahman, 2022).

However, this study only focuses on women as victims of violence. In cases of violence both

in the household and in the community, women as victims have been suspected from the

beginning that they have more or less contributed to the events that happened to them

(Agustanti, 2018). Thus, the concept of a criminal justice system can reduce the number of

women as victims of violence.

So far, the criminal justice system has not placed women in a special position, so that

There are still many cases of violence against women that cannot be resolved properly.

Because women are victims, so there will be inherent rights that must be fulfilled, one of

which is protection. The protection provided is not only limited to how to overcome the

consequences of criminal acts that have occurred but also how women victims of violence can

recover as before. To realize the fulfillment of the rights of women victims of violence,

cooperation between components of the criminal justice system is needed.

The components of the criminal justice system consist of the police, prosecutors, courts

and correctional institutions. All of them have their own main tasks, functions and roles.

However, if not balanced with good responsibility and commitment, it will be useless and will

seem lame between one component and another. So that in order to realize protection for

women victims of violence, one of them is through a special criminal justice system for

women victims of violence. From the background above, there are problems that become the

main topic, namely how the placement of women victims of violence in the criminal justice

system in United States and how the concept of a special criminal justice system for women

victims of violence.

Discussion

The criminal justice system is a system that consists of several components/institutions

and has authority and duties in accordance with their respective fields with the regulations

behind it. These components work together with the aim of preventing and overcoming crime,

although with different authorities and duties (Effendi, 2018). The existence of a criminal

justice process explains that there have been allegations of criminal events reported or

discovered by law enforcement officials, in this case the police as the leading institution in the

process (Afrizal, 2020).

Placement of Women Victims of Violence in the United States Criminal Justice System

To tackle crime, a system approach can be used through the criminal justice system which

aims to minimize victimization, resolve cases of violence to ensure that people's rights to

security and justice based on applicable law can be fulfilled and prevent someone from

becoming a recidivist (Reksodiputro, 1997). The characteristics of the use of a system

approach by law enforcement agencies that are interconnected in a criminal justice process

are: 1) emphasis on coordination and synchronization of criminal justice components; 2)

supervision and control of the use of power by criminal justice components; 3) the

effectiveness of the crime prevention system is more important than the efficiency of case

settlement; and, 4) law is used as an instrument to perfect the administration of justice.

The cooperation built by the components of the criminal justice system to achieve the

same goals in an integrated manner can also be referred to as an integrated criminal justice

system. Muladi firmly defines integrated criminal justice system as structural, substantial and

cultural cohesiveness and harmony (Reksodiputro, 1997). The important thing in building a

good criminal justice system is the coordination between law enforcement officials. Although

the exercise of authority and function is different, the functional relationship as stipulated in

the Criminal Procedure Code must also be implemented.

The criminal justice system requires the creation of harmonious relationships between the

existing system components, and also to work in an integrated manner. If performance in the

criminal justice subsystem is not realized, there will be losses such as the failure of agencies

in relation to their main tasks and functions, difficulties in solving the main problems of each

agency as a subsystem of the criminal justice system, policies decided and implemented by

one subsystem can affect other subsystems, and so on (Reksodiputro, 1997). Therefore, cases

of violence against women first pass through the process at the police level so that it is there

that the concept of how to serve and resolve cases of women in conflict with the law must be

strengthened.

The three basic values of ideal law enforcement include the values of justice, legal

certainty and expediency. Theoretically and practically, these three basic values are quite

difficult to achieve is realized harmoniously. For example, realizing the value of legal

certainty, it is not uncommon to have to sacrifice the value of justice and the value of

expediency, besides that in realizing the value of justice and expediency, it is certainly

potential to sacrifice the value of legal certainty. If it is related to women victims of violence,

of course the first thing that needs to be highlighted is the value of justice. So it is clear that

this justice is the main problem in all matters which in its application must pay attention to

several things, one of which is human rights. This is supported by A.V. Dicey who conveyed

three principles that must be implemented by the rule of law (Hutahaean & Indarti, 2019)

including the supremacy of law, equality before the law and human rights. In general, the

criminal justice system means the work of law enforcement agencies with a mechanism that is

carried out in stages starting from investigation, prosecution, examination in court and the

implementation of judges' decisions assigned to correctional institutions. In the process of

working, one stage must not pass another stage. Where the process works in a system and

each institution is referred to as a law enforcement agency subsystems so that the institutions

work together/interrelate and influence each other.

Juridically, initially the issue of violence against women only referred to the Criminal

Code. This legal instrument has never undergone revision until now so that quite a lot of

forms of violence against women have not been adopted in it. In addition, the existing articles

also do not provide protection and justice to women victims of violence because they are still

based on the concept of the colonial government (Prawahyanti, 2007). The position of victims

in the criminal justice system is often ignored, this is supported by the regulation in United

States law which still relies on guarantees of protection for offenders (offender oriented). In

fact, if we look back from the view of criminal law and criminology, crime is interpreted as a

conflict between individuals that causes harm primarily to victims, then society and of course

the offenders themselves. From these three things, it can be said that the interests of crime

victims are the main part of crime, as stated by Andrew Ashworth as primary an offence

against the victim and only secondarily an offence against the wider community or state

(Mulyadi, 2007). The legal reality in United States does not yet adequately illustrate the

protection of the legal system optimal for women's rights. Violence does not look at gender,

but women are subjects who are vulnerable to violence. The existence of unequal gender

relations and power that still thrives in society puts women in a vulnerable position as objects

of violence. This inequality in gender relations and power then creates a social concept that

men are superior in many ways to women. So that men abuse the 'superiority' they have to

commit acts of violence, which according to Harnoko, these actions can occur through social

interactions between patriarchal societies that dominate the system and power (Wulandari &

Krisnani, 2020).

Discrimination and violence experienced by women have worsened conditions and

hindered women's rights. In handling it, it is certainly inseparable from factors (Prawahyanti,

2007): 1) Legal Substance: there are still many legal policies that discriminate against

women as victims. This can be seen from the many formulations of articles that have a

tendency towards gender and do not recognize gender-based violence, besides that in cases of

violence against women there is no special evidentiary procedure. And not many international

legal instruments have been adopted by United States which can guarantee protection for

women; 2) Legal Culture: women victims of violence are vulnerable to revictimization

(double violence) with a deep-rooted patriarchal culture, for example law enforcement

officials to the community who often blame the victim, this affects law enforcement services

and has the potential to cause violence. 3) Legal structure: the lack of cooperation between

law enforcers has led to long-winded handling of cases, potentially resulting in low sentences

handed down by judges in court and even the acquittal of perpetrators. Often the public

prosecutor asks questions that corner the victim so that in the preparation of the indictment the

victim's voice is ignored/not represented. The supporting infrastructure of the Police, which

has a special service room (RPK), is weak because it is not included in the police structure

and budget. Therefore, it can be said that there is no recognition and appreciation for the hard

work of policewomen in serving victims.

In the criminal justice system based on the Criminal Code, the police as investigating

officers will process cases after receiving reports/complaints from victims or the public for

alleged criminal acts. Case development carried out in the investigation and investigation

process aims to collect evidence and determine who the suspect is and various forced efforts.

If all of these processes have been carried out, they will then be submitted to the Prosecutor's

Office. At this stage only the file is submitted, and will be examined whether there are still

shortcomings, if it is considered sufficient then the submission is accompanied by the suspect.

Then, the prosecutor prepares an indictment as a basis for examination in court and the case is

immediately transferred to the court. That is when the status of the suspect changes to the

defendant.

The success factors in the law enforcement process, namely the existence of law (a set of

regulations), law enforcement, society, supporting facilities and culture (Soekanto, 2019).

Based on these factors, the existence of law also requires a driving instrument which is a law

enforcement institution with a working mechanism in a criminal justice system. The criminal

justice system has the perspective that the investigating agency has the power to conduct

investigations, the public prosecutor has the power to prosecute, the judicial institution has the

power to try in court and the correctional institution has the power to carry out the

implementation of the decision. It is very important to have the same perception among law

enforcers who are responsive / responsive to gender so that the interests of female victims can

be fulfilled properly. The success of a legal process is determined by the quality of

understanding and responsiveness of law enforcement officials in handling it who are able to

resolve legal cases and protect victims. However, the obstacle now is that law enforcement

officials do not have the same perception and are responsive to gender regarding complex

evidence of violence, mechanisms and coordination of rights/protection for witnesses and

victims. As a result, the responsiveness of victims who have experienced trauma from

violence is lacking and reluctant to report.

For victims, the police as a subsystem of criminal justice has a major role in collecting

sufficient evidence to move to the next process, namely the determination of suspects. When

the victim reports the violence she has experienced, the police immediately ask for detailed

information related to the incident. In fact, some women victims when in the process of

providing information to the police are faced with statements and questions that tend to corner

as if blaming the victim. Reporting from the 2021 Annual Report of the United States

Women's Association for Justice (LBH APIK) Jakarta Legal Aid Institute, case handling by

law enforcement officials, one of which is the police, still has structural problems, namely the

lack of perspective on victims and knowledge about gender-based violence against women.

This situation often has a negative impact such as revictimization on the victim or it could be

that the victim is responsible for the violence they experience themselves (LBH APIK Jakarta,

2021). Police attitudes that tend to blame or corner and re-traumatize the victim on the victim

results in an increasing number of cases of violence that are not reported or not reported even

withdrawn so that it does not proceed to trial. According to Johnson, for the majority of

women who report violence to the police, they expect to be treated fairly and with respect, so

this is important in determining the outcome of a case (Spencer, Dodge, Ricciardelli, &

Ballucci, 2018). Police attitudes that tend not to have a victim and gender perspective like this

become a new problem that has the potential to handle cases of violence that take a long time

and also have the potential to revoke reports by women victims of violence.

Concept of Special Criminal Justice System for Women Victims of Violence

In handling cases of violence, it is important for law enforcement officials, especially the

police as the frontline whose job is to serve victims with empathy, sensitivity and a

perspective of women victims. So it is hoped that cases of violence that are not revealed can

be revealed and the handling of cases of violence becomes more optimal. This is the first

concept that will be built, that the victim hopes that by reporting their case to the police, they

will become calmer with the guarantee of legal protection. Of course, not all police officers

can create this form of protection, therefore a police officer is needed who has the ability to

handle cases involving women as victims. It should be the policewomen who are given the

task and authority to focus on handling women's cases. This does not necessarily eliminate the

role of the male police, it is just that in practice, the resolution of a case with a female victim

will be easier to handle when the focus of the story is a fellow woman, so that when it has

been determined so, this police must pay attention to all aspects related to the rights of the

victim so that the protection referred to at the beginning can be provided properly.

Next is the prosecution, which is certainly carried out by the public prosecutor. The hope

to be realized at this stage is that the public prosecutor should be able to compile an

indictment that does not provide the slightest gap for perpetrators of violence against women

to go free. The importance of coordination with the police in handling women's cases greatly

determines the final results that will be achieved, when it is imagined that the prosecution

stage is not gender equitable so that what was previously improved at the police stage

becomes useless just because it is not correct in preparing the indictment. In order to achieve

the goals of legal protection and fulfillment of women's rights, it is possible that the public

prosecutor handling this case is a woman and certainly supports the realization of gender-

based justice for women victims of violence.

As a prosecutor, of course, you have to dig up various information and information that

may not have been previously obtained by the police, considering that the indictment is the

basis for examination in court, so that at the stage of preparation with all the opportunities and

assistance to victims, one act can refer to several articles and can even be accompanied by

aggravation. Of course this stage takes time in the process, but no matter how long it takes,

when it comes to justice, justice must be upheld until the sky falls.

The next step is examination in court, which is the process of determining a case in the

criminal justice system (Hutahaean & Indarti, 2019). The Supreme Court has issued Supreme

Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Cases of Women

Against the Law, as the basis for the formation of the Perma it is stated that United States, a

state party to the Convention on the Elimination of All Forms of Discrimination Against

Women, recognizes the state's obligation to ensure that Women must have access to justice

and be free from discrimination in the justice system (Mursidah, 2018). Women in conflict

with the law are women in conflict with the law, women as victims, women as witnesses or

women as parties. In accordance with what is the author's study, that the author's concern is

women as victims.

There are principles in adjudicating cases of Women Against the Law, including respect

for human dignity, gender equality, non-discrimination, equality before the law, justice,

usefulness and legal certainty. So that in relation to these principles it is important to consider

the impact that will be experienced by the victim, both the physical and psychological

helplessness of the victim and the history of violence from the perpetrator against the victim.

During the criminal justice process to uphold the law and justice, protect the rights of

defendants, witnesses and victims, it is the duty of the prosecution to examine cases carefully,

make decisions based on the law fairly and organize a public arena for participation in the

judiciary so that it can find out how the judicial process is appropriate or not. In addition, they

can also explore legal values, local wisdom and a sense of justice that lives in the community

to ensure protection and non-discrimination.

Supporting the realization of this principle, of course the Supreme Court has issued

guidelines which are expected that judges understand and apply the principles as mentioned

above, in addition judges can identify situations of unequal treatment resulting in

discrimination against women, the peak is to guarantee women's rights to equal access to

justice. To realize this can certainly be done by electing female judges. Of course, as in the

criminal justice subsystem previously described, these female judges must also be equipped

with good knowledge so that they can consider gender equality and gender stereotypes in laws

and regulations and unwritten laws; interpret laws and regulations and / or unwritten laws that

can guarantee gender equality; explore legal values, local wisdom and a sense of justice that

lives in the community to ensure gender equality, equal protection and non-discrimination and

consider the application of international conventions and treaties related to gender equality

that have been ratified.

Women victims of violence want to solve their problems as soon as possible and are

reluctant to bring up what they have experienced on the grounds that they will feel shaken and

depressed (Agustanti, 2020). This often happens when the victim will make a report and/or

complaint at the police, if the police cannot accept it well, the bad thing is that these women

victims of violence will become silent and reluctant to continue the process. So that human

resources who for the first time become a bridge in the fulfillment of women's rights should

have been equipped with an understanding and ability to communicate with women. We

know that those who take on the role at this stage can be male or female police officers, not

that men cannot, it's just that if we look at their biology, then a woman will feel more

comfortable and trust when telling stories to fellow women. The women referred to in this

case are not necessarily only based on gender but must also be equipped with sufficient

knowledge so that women victims of violence do not become victims for the second time

whose perpetrators are law enforcement officials themselves. The suffering is not over, if the

victim knows that the perpetrator is given a light sentence and may even be acquitted of all

legal charges, which in the end is always afraid/worried that the perpetrator will take revenge

(Komnas Perempuan, 2005).

The hope is that when women are brought together with women at every stage of the

criminal justice system, they will become stronger because they feel that someone is

supporting them and ready because someone is accompanying them. The confidence given to

victims of violence will also increase so that women victims can say what happened with full

responsibility without fear of being victimized a second time in the criminal justice system. If

this concept can be applied to the criminal justice system in United States, of course cases that

place women as victims will soon be handled properly and of course the ultimate goal is that

the fulfillment of the rights of women victims of violence can be provided properly based on

applicable laws and regulations.

Conclusion

The protection and fulfillment of the rights of women victims of violence have been

regulated in several laws and regulations, even ranging in scope from national to international

levels. The fulfillment of the guaranteed rights of women victims of violence is still far from

what is expected. So that issues related to how the State guarantees these rights become very

important, however this is also the responsibility of the community. Thus, all parties are also

responsible for realizing a safe, comfortable and peaceful society, of course, a just society

without discrimination in everyday life. Violence against women is not impossible to continue

to occur with a variety of modus operandi, so that the way of handling must also vary

according to how the crime develops in society.

The concept of a special criminal justice system for women victims of violence, known as

the Women's Special Criminal Justice System, from the investigation stage to the examination

in court will be successful if it is carried out with the support of several components,

including involving female police officers, female public prosecutors and female judges. This

concept starts with how each criminal justice system recruits human resources that must

accommodate gender sensitivity and violence against women. There should also be

widespread recognition of the definition of gender, the difference between sex and gender,

discrimination and violence as forms of gender injustice, and efforts to eliminate violence

against women as gender-based violence. Of course, cases involving women are still within

the authority of the general judicial environment and how the technical implementation is

adjusted to the policies of each criminal justice subsystem that has been adapted to the

concept of a Special Criminal Justice System for Women. In some regulatory materials in

each institution, special rules have been found on how to handle victims, but in practice there

are still many victims (women) who feel victimized for the second time when faced with law

enforcement officials. This happens because of the stigma that women enjoy the violence that

has happened to them, in addition to the fact that it is women who cause violence.

Therefore, strengthening cooperation and coordination between the criminal justice

subsystems and of course involving the Ministry of Women's Empowerment and Child

Protection, the Ministry of Law and Human Rights, Komnas Perempuan, Komnas

Perlindungan Anak United States, the Witness and Victim Protection Agency and all levels of

society to immediately formulate appropriate arrangements in handling cases of violence

against women. Of course this concept does not only involve women as individuals but also

relates to how the quality (human resources) of women with a gender perspective in handling

cases involving women as victims of violence in each criminal justice subsystem, and the

hope when this concept is implemented is the realization of gender-based justice.