SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

c. Whereas victims of violence in household, that are mostly women, must get
protection from the state and/or the public so that they can be avoided and freed
from violence or threat of violence, torture, or treatment degrading human degree
and dignity;
d. Whereas in fact there are many cases of violence in household, whilst the legal
system in Indonesia has not guaranteed protection of victims of violence in
household;” 322
Thus, the law is gender-neutral while recognising at the same time that victims of violence in
the household are mostly women. The principles based on which violence in the household is
to be eliminated under this law are respect for human rights, justice and gender equality, nondiscrimination
and victim protection. 323 The intent of the law is the prevention of violence
while at the same time maintaining the “intactness of harmonious and prosperous
household.” 324
Using the household as the site of violence, the law includes in the scope of the household, 325
husband, wife and children, other people in the household related to them through blood,
marriage, “suckling at the same breast”, care and guardianship, and, interestingly, also to “the
individual working to assist the household and living in the household.” 326
Article 5 of the law prohibits physical, 327 psychic 328 and sexual violence 329 as well as
negligence of household. 330 The law entitles “victims” to protection of the family, law
enforcement, courts, health services, social workers and spiritual guidance and specifically
notes that he or she is entitled to confidentiality. 331 The law also creates various obligations
on the government 332 which has the responsibility of preventing violence in the household. 333
The law also creates obligations on persons who hear, see or know of violence in the
household including to make efforts within their capability to prevent the continuation of
crime, provide protection to the victim, provide emergency assistance and assist in the
process of submission of application for protection ruling. 334
322 Preamble, Law of the Republic of Indonesia regarding Elimination of Violence in Household, 2004
323 Article 3, ibid.
324 Article 4, ibid.
325 Article 2(1), ibid.
326 People working to assist in the household are considered by the law to be a family member during the period
while living in the household in question. See Article 2(2), ibid.
327 Article 5, ibid, which provides that physical violence shall be an act bringing about pain, sickness, or serious
injury.
328 Article 5, ibid, which states that psychic violence shall be an act bringing about fear, loss of self-confidence,
loss of capability to act, hopelessness, and/or serious psychic suffering on someone.
329 See discussion in sub-section 5.3 on marital rape below
330 “(1) Anyone shall be prohibited to neglect an individual within the scope of the household, whilst in fact
according to the law prevailing on him/her or on account of acceptance or agreement he/she shall be obliged to
provide livelihood, treatment, or care for the individual. (2) The negligence referred to in paragraph (1) shall
also apply to anyone bringing about economic dependence by limiting and/or prohibiting an individual to work
properly inside or outside the house thereby the victim is placed under the control of the individual.” Article 9,
Law of the Republic of Indonesia regarding Elimination of Violence in Household, 2004
331 Article 10, ibid.
332 This includes formulating policies, organise information, advocacy, training etc. The government may also
make efforts like providing special service rooms at police stations, provision of officials, health personnel,
arrange for the protection of witnesses, family, etc. See Articles 12 and 13, ibid.
333 Article 11, ibid.
334 Article 15, ibid.
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