VIOLENCE AGAINST WOMEN IN LEGAL AND SOCIOCULTURAL
PERSPECTIVES
Introduction
In today's modern era, there are still cases of violence, most of which are women who are
victims, and even occur almost every day in various parts of the world, both individually and
in an integrated manner. In United States itself, cases of violence are one of the crucial
problems and need strong efforts in its improvement by all parties, one example of violence
that occurs is violence against women or domestic violence (KDRT).
In Law No. 23 of 2004 itself there is the Elimination of Domestic Violence or
abbreviated as KDRT where it is stated, that the definition of domestic violence is any act
against a person, especially women, which results in physical, sexual, psychological and/or
domestic neglect; including threats to commit acts, coercion or unlawful deprivation of
independence within the scope of the household.
The United States state has also issued various legal regulations to protect victims
and prevent domestic violence, such as (1) the 1945 Constitution Article 28 G; (2) Law No.
9 of 1999 on Human Rights; (3) Law No. 7 of 1984 on the ratification of the Convention on
the Elimination of All Forms of Discrimination against Women; (4) Law No. 1 of 1974 on
Marriage; (5) the Criminal Code; (6) the Criminal Procedure Code; and (7) Law No. 23 of
2004 on the Elimination of Domestic Violence.
Discussing violence, especially violence against women, is a very broad issue, both
because of its form (physical, non-physical or verbal violence and sexual violence) the place
where it occurs (in the household and in public places), the type of violence, and the type of
violence (rape, abuse, murder or a combination of the three), as well as the perpetrators
(people who are closely related or strangers). Violence against women is an act of sacrilege
and castration of human dignity, which can occur at all levels of life, whether at the
educational, economic, cultural, religious, or ethnic levels. This is because violence basically
occurs due to the worldview that is still dominated by men. Violence against women is a
crime that has received much attention from social scientists in recent years. From the data
collected, it is not yet known exactly how many women (wives) are subjected to acts of
violence ranging from unwillingness to provide for their wives to sexual violence.
Therefore, to overcome the problem of violence against women in the domestic
environment, there needs to be joint action between all parties, from the community to the
authorities and legislation that functions properly so that the problem of violence in United
States such as the problem of violence can be overcome properly.
Violence against women is still ongoing. Today, it has increasingly become one of the
crucial issues in society not only at the national level, but also in the global community. At a
meeting in Beijing, China in 1995, women worldwide succeeded in issuing a more
progressive Declaration on the Elimination of Violence Against Women. Violence against
women by the international community has been seen as part of the violation of human
rights. Therefore, concrete actions must be taken to eliminate it.
On a national scale, United States social reality today shows that violence against women
still takes place in all spaces; domestic (household) and public, at all times and is committed
by many people with diverse socio-cultural identities, from those who are considered
"honorable people", educated and considered "pious" to those who are considered "lowly
people" and "marginal humans". On the other hand, violence against women in reality is not
only perpetrated individually but also by social, economic, political and cultural institutions.
We may also be at a loss to identify the exact identity of people who are expected to ensure
women's safety from becoming victims of violence. Even the people who are closest and
most trusted to women, such as fathers, brothers, sisters, uncles, have in a number of cases
proven to be involved in acts of violence.
Every citizen is entitled to a sense of security and freedom from all forms of violence in
accordance with the philosophy of Pancasila and the 1945 Constitution of the Republic of
United States; that all forms of violence, especially domestic violence, are violations of
human rights and crimes against human dignity as well as forms of discrimination that must
be eliminated; that victims of domestic violence, most of whom are women, must receive
protection from the state and/or the community to avoid and be free from violence or threats
of violence, torture, or treatment that degrades human dignity;
In reality, many cases of domestic violence occur, while the legal system in United States
does not yet guarantee protection for victims of domestic violence; violence against women
in United States itself has been anticipated by Law No. 23 of 2004 concerning Domestic
Violence (KDRT).
The contributing factors include:
Because of the historical inequality of power relations between men and women that
resulted in domination and discrimination against women.
Socially and culturally constructed gender roles (men as superior). Forms of Violence
Against Women:
Physical violence. Physical violence is an act that causes pain, illness, or serious
injury.
Psychological Violence. Psychological violence is an act that causes fear, loss of
self-confidence, loss of ability to act, helplessness, and/or severe psychological
suffering in a person.
Financial Violence is the neglect of a person within the scope of his/her household,
when according to the law applicable to him/her or because of an agreement or
contract he/she is obliged to provide life, care or maintenance to that person.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
Sexual Violence includes:
•
coercion of sexual intercourse committed against a person residing within the scope of the
household;
•
coercion of sexual intercourse against one person within the scope of his/her
householdother person for commercial purposes and/or specific purposes.
Violence against women must be stopped because it no longer requires academic research
and evidence, because empirically almost every day everyone can witness these cases in
various forms through mass media both print and electronic.
From the discussion of the problem of domestic violence, it has the aim of being able to
eliminate violence little by little, which itself aims to eliminate:
Prevent all forms of violence.
Protecting victims of violence.
Take action against abusers.
Maintaining a harmonious and prosperous household.
In cases of violence the victim can receive protection from the family, police, prosecutor's
office, court, advocate, social institution, or other parties either temporarily or based on the
establishment of a protection order from the court.
Assistance by social workers and legal aid at every level of the examination process in
accordance with the provisions of laws and regulations. Legislation can function properly so
that the problem of violence can be handled properly and there is cooperation between the
community and the authorities in tackling the problem of violence.
The following are the factors of the Violence problem:
The patriarchal culture is still strong so that men are considered the most dominant,
both in the family and the surrounding environment.
There is economic pressure on the family.
The crush of big city problems that drive stress.
Strenuous work and environmental conditions encourage high temperament.
There are socio-cultural influences in society that place women and children in a
marginalized and disempowered condition.
The problem of violence will have the following impacts:
Physical, sexual, economic suffering
Psychological suffering
Social distinction of masculine and feminine groups
The efforts that must be made to overcome the problem of violence are as follows :
Provide protection to victims, provide emergency assistance; and assist in the process
of applying for a protection order.
Report to the authorities if there is violence in the neighborhood, hence the need for
community participation.
Providing criminal offenses against perpetrators of violence Providing spiritual
guidance services to the community.
Eliminating the patriarchal culture of men is considered the most dominant, both in the
family and the surrounding environment because women also deserve the same
treatment that has Human Rights.
Research Methods
The method used in this research is a mixed method. This research combines two previously
existing research methods, namely normative legal research, with a descriptive analytical
legislative approach. That is, openly analyzing and providing an objective picture
concerning violence against women in legal and sociocultural perspectives by analyzing
legal materials in the form of Law Number 23 of 2004 concerning Domestic Violence
(KDRT). The data collection technique used is library research, namely the data used in this
study.
Data and information are collected from written materials such as reading books, journals,
scientific articles, and laws related to this research problem and empirical legal research,
with a case study approach focusing more on a particular individual or event and carried out
in a comprehensive and integrated manner to gain an in-depth understanding of the
individual or event along with its problems and objectives. The data collection techniques
used are interviews, questionnaires or questionnaires, and observation. The combination
research method is a research method that combines or combines normative legal methods
and empirical legal methods to be used together in a research activity, so that more
comprehensive, valid, reliable, and objective data are obtained.
results and discussion
Definition
In the United States Dictionary, "violence" is defined as a matter of nature, characterized by
violence, a person's actions that cause injury or death to others, or cause physical damage.
Thus, violence is a form of action that is more physical in nature that results in injury,
disability, pain or an element that needs to be considered is in the form of coercion or
unwillingness of the injured party. The word violence is equivalent to the word "violence" in
English which is defined as an attack or invasion of a person's physical or psychological
mental integrity. Meanwhile, the word violence in United States is generally understood to
involve only physical attacks. Thus, if the definition of violence is the same as violence, then
violence here refers to both physical and psychological violence.
According to criminologists, "violence" that results in physical harm is violence
against the law. Therefore, violence is a crime. Based on this understanding, cases of
violence against women in the household are netted with articles of the Criminal Code on
crimes. Moreover, if you look at the definition put forward by Sanford Kadish in the
Encyclopedia of Criminal Justice, he said that violence is all types of behavior that are not
legal according to the law, whether in the form of an actual action or in the form of criticism
that results in destruction or damage to property.
However, a crime cannot also be considered a crime if the statutory provisions (law)
do not or have not regulated it, such as violence related to sexual relations. For example,
forced sexual intercourse committed by a husband against his wife. This cannot be
considered a crime, because there is no single article that regulates forced sexual intercourse
committed by a husband against his wife.
Meanwhile, Law Number 23 Year 2004 Article 1 states:
"Domestic violence is any act against a person, especially a woman, which results in
physical, sexual, psychological and/or domestic neglect, including threats to commit acts of
coercion or deprivation of liberty against the law and within the scope of the household".
Violence (both physical and psychological) committed by a family member to another
family member (which can be committed by a husband to his wife and children, or by a
mother to her children, or even vice versa). However, the dominant victim is violence
against the wife and children by the husband.
Violence can happen to anyone including mothers, fathers, husbands, wives, children or
domestic servants. However, in general, the definition of domestic violence is narrowed
down to mean mistreatment by a husband against his wife. This is understandable because
most victims of domestic violence are wives. Of course, the perpetrator is the "beloved"
husband. However, it does not rule out the possibility that the "husband" can also be a victim
of domestic violence by his wife. Based on some of the definitions above, it can be
concluded that all acts of domestic violence are acts of violating human rights that can be
sanctioned by criminal law and civil law.
However, women often do not realize that they have experienced violence. This is because,
despite experiencing violence by their partners and wanting the violence to stop, it is not
easy for women to break the chain of violence, because socio-culturally, women are
constructed to be good wives, who are good at pleasing their husbands and maintaining the
integrity of the household. Thus, women/wives are required to have greater responsibility for
the integrity of a household, when conflict arises, the wife will first turn on herself, or look
for the causes of conflict within herself.
Although introspection is a positive thing, it can also be an obstacle when women are
making decisions when experiencing violence. In addition, it is not easy for women to live
as widows. Not only is there a negative stigma attached to widowhood, but also dependence
on the husband is an important factor. Women who have been conditioned to be
economically and emotionally dependent on their husbands find it very difficult to make
decisions and another factor is feelings. Many claim that because of love, they have to
endure the bad side of the person they love.
Factors Causing Violence
Violence against women that occurs in modern society today in the form of sexual violence
known as sexual harassment, according to criminologists, generally occurs due to several
factors, including:
The influence of cultural developments that increasingly disrespect the ethics of
covering the aurat, which can stimulate others to act indecently and maliciously.
Lifestyles and relationships between men and women are increasingly free, not or less
able to distinguish between what should be allowed to be done and what is prohibited in
relation to moral rules regarding the relationship between men and women, so seductive
rape often occurs.
The lack of practice and appreciation of religious norms that occur in society. Religious
values that are increasingly eroded in society or horizontal relationship patterns that
tend to increasingly negate the role of religion are very potential to encourage someone
to do evil and harm others.
The level of social control is low, meaning that various behaviors suspected of being
deviant, violating laws and religious norms lack response and supervision from
elements of society.
Judicial verdicts that tend to be unfair, for example a fairly lenient verdict imposed on
the perpetrator. This may encourage other members of the community to commit cruel
and evil acts. This means that those who want to commit crimes are no longer afraid of
the legal sanctions they will receive.
The offender's inability to control his emotions and sexual appetite. His sexual appetite
is allowed to wander and demands to be compensated.
The perpetrator's desire to take (vent) revenge for the victim's attitude, speech and
behavior that is considered hurtful and detrimental, resulting in Anga Rape.
In addition, violence against women is a universal problem that crosses national and
cultural boundaries. Studies conducted in 90 communities around the world show
certain patterns in the incidence of violence against women. According to the study,
there are four factors for violence to occur.
First: economic inequality between women and men; next is the use of violence as a solution
to a topic; men's authority and control in decision-making; and barriers for women to leave
the family setting.
These factors are often masked by myths, such as that male dominance over women is a
given, as it is part of 'manhood'. By committing acts of violence, it reduces stress.
Meanwhile, women face this with inferiority complexes and a desire to be dominated as well
as the myth that violence is inevitable in male-female relationships. However, advocates
against violence against women observe that violence is a function of constructed social
norms that place men in a dominant position and women in a subordinated position.
Communication issues are also central in contributing to domestic violence. Difficulties in
communication between husband and wife, or not understanding what the husband or wife
wants culminates in violence as an effective solution to society.
In terms of communication psychology, violent forms of communication (especially
physical violence) are a powerful and efficient way of giving suggestions. That is why
beatings and other forms of physical violence are often used by husbands in ending conflicts
with wives. Supported by social power, husbands are the ones who can freely use this
method in communicating something to their wives. Similarly, a son who imitates his
father's violence in treating his mother has the potential to become an abuser of his wife
because it is culturally "permissible" for men.
The myths surrounding violence that have developed in society are that violence only occurs
in uneducated and low-income groups. In fact, from the data collected, it shows that many
cases of violence often also occur in groups with higher education. There are even reports of
career women experiencing violence.
These indications show that violence against women is not just caused by the situation, but
rather the inequality of power between men and women. The division of social roles
between women and men causes injustice, one of which is violence against women.
Historically, the roots of violence against women are very long, the violence stems from the
emergence of gender believed by society, namely the division of roles between men and
women that are socially and culturally constructed by society, which then gave birth to the
belief in the nature of femininity (women are weak, soft, emotional).
Based on the information above, it can be concluded that the cause of domestic violence is
customs that favor men, so women must submit to men, because he (the husband) is seen as
the owner of power. The husband is the breadwinner and fulfillment of needs, so he feels
more entitled to his wife and children, but basically it is a lack of faith and awareness of
peace and love.
What follows with the problems between men and women is the problem of gender. Since
the last few years the word gender has entered the vocabulary of every discussion and
writing about social change and development in the Third World. Likewise in United States,
almost all descriptions of community development programs and development among non-
governmental organizations discuss gender issues. What exactly is gender? From
observations, there is still a lack of clarity, misunderstanding about what is meant by the
concept of gender and its relation to efforts to emancipate women. There are at least several
reasons for this lack of clarity.
The word gender in United States is borrowed from English. If you look at the dictionary,
there is no clear distinction between the words sex and gender. Meanwhile, there is no
description that can briefly and clearly explain the concept of gender and why it is important
to understand social injustice. In other words, the lack of clarity is due to the lack of
explanation of the link between the concept of gender and the other injustices it causes.
To understand the concept of gender, the word gender must be distinguished from the word
sex. The definition of sex is a classification or division of two biologically determined
human sexes that are attached to a particular sex. For example, that humans with male sex
are humans who have the following list: have a penis, have a beak, and produce sperm.
While women have reproductive organs such as the uterus, cervix, vagina, tools for
breastfeeding and producing eggs. These tools are biologically attached to humans of the
female and male sex forever. This means that biologically these tools cannot be exchanged
between men and women. It is permanently unchanging and is a biological provision or
often said to be God's provision or nature.
Another concept is the concept of gender, which is the traits attached to men and women
that are socially and culturally constructed. For example, women are known as gentle,
beautiful, emotional and motherly. Meanwhile, men are considered strong, rational, male
and mighty. These characteristics themselves are traits that can be brought closer together.
This means that there are men who are emotional, gentle, motherly, while there are also
women who are rational, strong and mighty. Changes in these characteristics can occur from
time to time and from place to place. For example, in the past in a certain tribe women were
stronger than men, but in another place or even in another era men were stronger than
women. It can also change from one class of society to another. In certain tribes, lower-class
women in the countryside are stronger than compared to men. These interchangeable traits
of women and men, which can change over time and in different places, as well as differ
between classes of society, are known as the concept of gender.
The history of gender differences between male and female human beings occurs through a
very long process. Therefore, the formation of gender differences is caused by many things,
including being formed, socialized, strengthened, and even socially or culturally constructed,
through religious teachings and the state. Through a long process, the socialization is finally
considered to be God's provision as if it is biological and cannot be changed anymore, so
that gender differences are considered and understood as the nature of men and women.
Conversely, through dialetics, the social construction of gender that is socialized
evolutionarily and slowly affects the biology of each sex. For example, because of the social
construction of gender, men must be strong and aggressive, men are then trained and
socialized and motivated to become or lead to gender traits determined by a society, namely
physically stronger and bigger. Conversely, because women must be gentle, the socialization
process from infancy not only affects the emotional development and vision and ideology of
women, but also affects their subsequent physical and biological development. Because the
process of socialization and reconstruction is well-established and long-standing, it
eventually becomes difficult to distinguish whether gender traits are constructed by society
or biological natures determined by God. However, using the guideline that each trait is
usually attached to a particular gender and to the extent that they are interchangeable, then
they are societally constructed and not natures at all.
Conclusions
From the cases of violence against women that have occurred, especially in United States, it
is a crucial problem that must be addressed immediately because violence itself is an act of
blasphemy and castration of human dignity and can occur at all levels of life, both at the
educational, economic, cultural, religious and ethnic levels. This occurs due to factors such
as the existence of a patriarchal culture that is still strong so that men are considered the
most dominant, both in the family and the surrounding environment, the economic crush of
the family, the crush of big city problems that encourage stress and environmental
conditions and heavy work encourage high temperamental people.
The negative impacts that occur from domestic violence such as can result in complex losses
that continue to take place in United States and even the world. Starting from physical,
sexual, economic and / or psychological suffering to the social distinction of masculine and
feminine groups. Therefore, to overcome the problem of violence in the environment and in
United States, there needs to be joint action between all parties, from the community to the
authorities, one of which is the existence of socialization which is expected to be able to
prevent all forms of violence, protect victims, take action against perpetrators of violence in
accordance with the law and legislation.
