Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Domestic Violence and Victim Rights in Indonesian Law Concerning the Elimination of Domestic Violence

Author(s): Hanafi Arief

Domestic violence is a crime against humanity. This crime happens all over the country. Therefore, many countries have laws to eliminate domestic violence, including Indonesia Act No. 23 of 2004 on the Elimination of Domestic Violence. Law No. 23 of 2004 was formed to protect family members from various forms of violence. This law divides domestic violence into two types, that are physical violence and psychological violence and grants certain rights to the victims. This paper aims to identify the rights of women victims of domestic violence according to Law No. 23 of 2004. This paper uses normative legal research, in the form of descriptive analysis. The research material is derived from the library and the other responsible sources to get the latest materials. The results show that rights of victims according to this Law are the rights to obtain potential protective of the family, the police, prosecutors, courts, lawyers, social agencies, or other parties on a temporary or by determination of protection order from the courts; service health according to medical needs; treatment specifically related to the confidentiality of the victim; assistance by social workers and legal assistance at every level of the inspection process in accordance with the provisions of the legislation; and spiritual guidance. However, this legislation does not contain compensation that can be claimed by the victim if the victim suffered personal injury or property damage or financial loss. In addition, counseling is only provided to perpetrator and not to the victim.