Perlindungan Hukum Terhadap Perempuan Sebagai Korban Kekerasan Dan Diskriminasi

Abstract

Examining a number of issues of violence against women in Indonesia
lately, has placed women as victims for a very long period of time. This can be seen by
the variation in a number of cases of violence that have implications for all forms of
violence ranging from physical to intimidation, harassment, humiliation and restriction
of rights as social beings even more visible and organized, namely in the form of
trafficking in women or the coercion of selling themselves. So that women in Indonesia
as a weak group must receive protection. Based on the background of the problem
outlined above, there are several important issues to be discussed further. The problems
are as follows: How is multicomplex legal protection for women as victims of violence
and discrimination, What are the obstacles faced in providing legal protection against
women as victims of violence and discrimination. Legal Use Theory. This type of
research used in this research is normative legal research which is a scientific research
procedure to find the truth based on legal scientific logic from the normative side.
Violence against women is any action that violates, inhibits, negates the enjoyment and
neglect of women's human rights. Based on Komnas Perempuan data, the number of
reported cases of sexual violence in 2017 increased by 74% from 2016. Even in 2019
cases of violence against women increased by 14% with a number of 406,178 cases. The
need for guarantees of protection for women comes along with the awareness to provide
special protection because of the many problems faced by women such as physical and
psychological violence, discrimination, underdevelopment in various fields, and so on.
Legal protection for women as victims of violence and discrimination is currently
regulated in Indonesian law, namely the Criminal Code, Law Number 23 of 2004
concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerning
Eradication Criminal Acts on Trafficking in Persons, Law Number 39 Year 1999
Concerning Human Rights, Presidential Instruction Number 9 Year 2000 concerning Gender Mainstreaming (PUG), Presidential Decree Number 181 Year 1998 concerning
the Formation of the National Commission on Violence against Women or Komnas
Perempuan, which was amended by Perpres Number 65 of 2005. Besides that, several
other forms of direct efforts made in providing legal protection for women are through
existing institutions such as, Integrated Service Centers, and Legal Aid Institutions.
There are several obstacles encountered in implementing legal protection against
women victims of violence and disks elimination which is caused by several factors
including, the substance of the law, law enforcement, culture, facilities and facilities. For
this reason, there needs to be a number of improvements to a number of components that
affect law enforcement for violence experienced by women, both from human resources
law enforcement officers, the establishment of legislation that specifically regulates
women, and maximizes a number of facilities related to the interests of victims of violence
so that implementation in providing legal protection to women can be properly
accommodated.