DOMESTIC VIOLENCE AGAINST WIFE

Domestic violence and occurs frequently heard from the ordinary and celebrity circles.

Some of them are triggered an argument that this is an attitude or a selfish one another

selfish, without us realizing it would be a negative impact on our relations to the worst that

could happen is a divorce, of course, not everyone wants it happened at home.

Act (Act) no.23 of 2004 prohibited any violence occurring in the household. However, in

a common family life conflicts and disagreements that often lead to physical violence by

husbands against wives. So the husband is supposed to function as a protector just do a lot of

hope of his family.

Violence against wives in a household, often by experts, is considered as a hidden crime.

Although have eaten enough victims from all walks of society, domestic violence (hereinafter

abbreviated as domestic violence), remains a serious social problem that received little public

attention, because:

1. Scope of domestic violence has a relatively closed (private) and maintained her

privacy because the problem occurs in the household (family).

2. Domestic violence is often considered reasonable because of the belief that the

husband treats his wife at will is the right of the husband as the leader and head of the

household.

3. Domestic violence occurs in a legal institution of marriage.

However, over time, domestic violence is a serious response from both women's

organizations associated with governmental and non-government until the birth of Law No.

23 Year 2004 on Elimination of Domestic Violence.

Indeed some of the victims who experience domestic violence (domestic violence) are

often afraid to report incidents that happened, especially because women who are pressured

or threatened by the men, but now is not the time women must be silent any experience

domestic violence, you can report it to the local police forces when experiencing the event.

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Definition of Violence (Against Women) in the Household

In summary, the definition of violence against women is any act of verbal or

physical violence, coercion or threats to life that feels to a woman, whether a child or

adult, which causes physical or psychological harm, humiliation or deprivation of

liberty and that perpetuates the subordination women.

As for understanding domestic violence, as stated in the formulation of

Article 1 Declaration of Action for the Elimination of Violence against Women

(wives) can be abstracted as the United Nations any action based on sex that resulted

in women's misery or suffering physical, sexual, or psychological, including threats

of action, coercion or seizure arbitrarily good that happens in public or in private life

(family).

Firmer longer can be said that violence against women in the household is

primarily used to control women's sexuality and their reproductive roles. This was as

common in sexual relations between husband and wife where the husband is the

party that needs to be fulfilled and needs, and this does not happen otherwise.

Furthermore Maggi Humm explained that some of the things below can be

categorized as an element or indication of violence against women in the household

are:

1. Every act of violence either verbal or physical, whether of action or

actions, or threats to life.

2. Action is directed to the victim because she was female. Here seen neglect

and contempt of women so that the perpetrators consider reasonable acts of

violence against women.

3. Acts of violence that can form insults, deprivation of liberty, etc.

4. Acts of violence can be physical or psychological harm women

5. Act of violence occurs within families or households.

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In the preamble the UN declaration also said that violence against women is

the effect of the historical imbalance of power relations between men and women

that have resulted in the domination and discrimination of men over women. This

domination continued to do so that women continue to be in oppression. It is this

culture which is one of the early emergence of opportunity factor acts of violence

against women (wives) in various forms.

In the Indonesian context, the condition of unequal culture as described

above has led to the law, and legal systems (legal material, law enforcement

agencies, legal culture) that is less responsive in protecting the interests of women.

Criminal Procedure Code was minimal talk about the rights and obligations as the

victim's wife, he is positioned as the only witness to the complainant or victim

witness. Similarly, listed in the Act. No. 1 Year 1974 About Marriage Article 31

paragraph (3): "The husband is the head of household and the wife is a housewife."

However, the Penal Code also includes the opportunity to get justice's wife.

Violence and abuse against his wife in the Penal Code is a crime that one-third

greater sanction than ordinary criminal acts or abuse committed by and against

others, as described in section 351 sd 355 of the Penal Code.

The statement reaffirmed the Penal Code Act out again. No. 23 Year 2004 on

Domestic Violence (domestic violence) on September 22, 2004 which is the result of

a long work of the various elements of the nation, both from the government,

parliament, and of course the general public in this case represented by institutions

who are concerned serious threat to the settlement of domestic violence and legal

development that is fair to all layers of society.

The definition of domestic violence according to Law No.. 23 of 2004 namely:

"Domestic violence is any act against anyone, especially women, which result in

misery or suffering physical, sexual, psychological, and neglect of the household,

including the threat to commit acts, coercion or deprivation of liberty unlawfully

within the scope of the household."

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Forms of Domestic Violence

Ratna Batara Munti explained that violence against women in the household can

occur in various forms as outlined below are: [8]

1. Direct physical violence in the form of beatings, vandalism pencakaran to

the vagina (sexual violence) and physical violence indirectly that usually hit

the table, slamming doors, breaking dishes, cups, place flowers and others,

and become violent.

2. Psychological violence, a harsh word, dirty, and the disparaging and

derogatory connotations, silenced, terrorized either directly or using certain

media, cheated, and left to go without clarity in a long time and without

liability.

3. Economic violence, the form does not give a living during the marriage or

restrict maintenance arbitrarily, allowing or even forcing the wife to work

hard, do not give a living after a divorce even if the court decides.

4. A mix of violence, as mentioned above either physical, psychological, and

economical.

From the description of the various forms of domestic violence it is known

that such violence is an act that out of control that can be bad habits that could harm

the couple.

According to Article 5:

1. Physical violence;

Physical violence is an act that resulted in pain, sick or injured (Article 6)

2. Psychological violence;

Psychological violence is an act that resulted in fear, loss of confidence, loss

of ability to act, sense of helplessness, and / or severe psychological

suffering to a person (Article 7)

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3. Sexual violence;

Sexual violence is any act of forcing sexual intercourse, sexual coercion by

improper and / or do not like, forcing sexual intercourse with another person

for commercial purposes and / or specific goals.

Sexual violence includes (Article 8):

a. Forcing sexual intercourse carried out against people who live in the

household;

b. Sexual coercion against one of the scope of the household with another

person for commercial purposes and / or a particular purpose.

4. Negligence of household

Negligence of household is a person who abandoned the people in the scope

of the household, whereas according to law for him or because he had the

approval or agreement shall provide life, care, or care for the person. In

addition, neglect also applies to every person who caused the economic

dependency by limiting and / or banned for a proper work inside or outside

the house so that the victim was under the control person (art. 9).

From the description of the various forms of domestic violence it is known

that such violence is an act that out of control that can be bad habits that

could harm the couple.

Cause Factors Domestic Violence

As for the factors of the occurrence of violence against women in the

household, especially that committed by husbands against wives was revealed in a

survey conducted by Diana Rebekah, also by Istiadah which can be summarized as

follows:

1. The existence of power relations that are not balanced between husband

and wife. The presumption that the husband is more powerful than the wife

has such constructed in the family and culture and the structure of society.

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That belongs to the wife because the husband had to carry everything you

wanted to have. This causes the husband to feel powerful and ultimately

arbitrary act against his wife. If this is so then is the relationship of power

imbalance between husband and wife will always be the root of the hard

behavior in the household.

2. Economic dependence.

Dependence in terms of wife to husband economies forced the wife to obey

her husband despite all the desire he felt miserable. Even if strong action is

kepadnya he remained reluctant to report suffering on account of her survival

and education of their children. It is used by husband to act arbitrarily to his

wife.

3. Violence as a tool for conflict fulfilled.

This factor is the dominant factor of three cases of domestic violence. This

violence is usually carried out on the rebound from the offense, or the

disappointment of not fulfilling the desire, then do acts of violence with the

aim of the wife can fulfill her desire and no resistance. It is based on the

assumption that if women should be treated fuss is hard for him to be

obedient. Assumptions above prove that the husband often uses his physical

advantages in solving domestic problems.

4. Competition

If the face has been explained on the first factor of domestic violence is a

power imbalance relationship between husband and wife. Then on the other

hand, the balance between husband and wife, both in terms of educational,

social, economic mastery whether they have experienced since college, at

work, and community environments in which they live, can lead to

competition and may lead to further violence in the households. That on one

side of the husband does not want to lose, while on the other hand the wife

did not want retarded and restrained.

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5. Frustrated

Sometimes the husband is also committed violence against his wife because

they feel frustated can not do something that should be responsible. This is

common in couples who:

a. Not ready to marry

b. Husbands do not have jobs and steady income to make ends meet

household.

c. Still limited in freedom because it is still riding on their parents or in-laws.

In this case the husband usually look for an escape to get drunk and other

negative actions that led to the rebound of his wife scolded him, beat him, yelling and

such other actions.

6. Less opportunity for women in the legal process.

Discussion about the legal process in cases of domestic violence can not be

separated from discussions of rights and obligations of husband and wife.

This is important because it could be a victim reports to law enforcement

agencies is considered not as a criminal act but a misunderstanding in the

family. It is also evident from the lack of the Criminal Procedure Code talk

about rights and obligations as the victim's wife, because she's position as the

only witness to the complainant or victim witness. In the trial process, very

little opportunity to express his wife that he had experienced violence.

Impact of Domestic Violence

Because of the violence, as mentioned above occurs in the household, then

the suffering caused by this violence is not only experienced by the wife but also his

children. The impact of domestic violence against wives who are:

1. Physical violence directly or indirectly may result in the wife suffered

physical pain due to injuries as a result of these violent acts.

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2. Sexual violence can lead to falls or even loss of sex drive, because his wife

became frightened and can not normally respond to an invitation to have sex.

3. Psychological violence can affect the wife was depressed, shock, trauma,

fear, anger, high emotion and explosive, kuper, as well as a deep depression.

4. Economic violence caused limited fulfillment of daily needs that required

a wife and children.

As already mentioned above, that the violence can also have an impact on

children. The impacts could be direct effects felt by the child, in connection with the

violence that he saw happening to his mother, as well as indirectly. In fact, some of

the children who live in a family like this is also treated as hard and rough from the

presence of kids sometimes not muffle his husband but quite the contrary.

According to research Kalyanamitra team, witnessed violence was a very

traumatic experience for children. Domestic violence experienced by the children to

make these kids have a tendency to like a nervous, anxious easily when faced with

problems, frequent bedwetting, restless and uneasy, poor school performance, such

as disesase prone to headaches, stomach, and asthma, cruel to animals, when play

often mimic offensive language, aggressive and violent behavior, like running away,

and like doing the beating of another person he did not like. [13]

Domestic violence that he sees is as a learning and socialization process for him that

grew in her understanding that violence and abuse is normal in a family life. This

resulted Pemahan child holds that:

1. The only way to face the stress of the various problems is to do violence

2. No need to respect women

3. Using violence in fulfilled a variety of issues is good and reasonable

4. Using physical force to get something that is natural and desirable fine

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In addition to direct effects on physical and psychological, as mentioned

above, there was another result of a negative relationship with the environment to

bear a child as:

1. Had to move home and school if his mother had to move house to avoid

violence

2. Can not be friends or keep friends because of the attitude that makes the

child father isolated

3. Feeling neglected by parents

Most children who grow up in a household full of violence will grow into a

cruel child. Research shows that 50% - 80% of men who beat his wife or his

children, had been raised in his father's household who often use violence against his

wife and son. They grew up with a mentally defective and the loss of compassion and

the belief that violence against wives is acceptable.

Symptoms of Violence Against Wives

Please note that the symptoms abused wife who is feeling low self-esteem,

anxiety, full of fear, sadness, despair, looked older than his age, often a headache,

difficulty sleeping, complaining of pain that is not clear why, tingling, abdominal

pain, and be aggressive without obvious cause. If you read the symptoms above,

surely you will realize that due to the fatal violence that is destroying the

psychological condition of the healing time can never be ascertained.

Cycle of Violence Against Wives

Cycle of violence against wives is a violent husband to wife and husband

regretted his actions and apologized to his wife, the next stage in the loving husband

and wife, in the event of a conflict so violent husband returned to his wife.

However, the wife tried to assume that the violence caused by an oversight

for a moment and hoped her husband would turn into good, so when my husband

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asked for forgiveness and loving, then the expectations are met for a while. Usually

violence occurred repeatedly causing insecurity for the wife and the fear of

abandonment and hurt over her husband's behavior. Apparently, the cycle of violence

in wife unwittingly becomes a vicious circle.

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REFERENCES

Al- Syathibi, al- Muwafaqat fi Ushul al- Ahkam, juz II, tt, t.th.

Batara Munti, Ratna (ed.), Advokasi Legislatif Untuk Perempuan: Sosialisasi

Masalah dan Draft Rancangan Undang-Undang Kekerasan Dalam Rumah

Tangga, Jakarta: LBH APIK, 2000

Ciciek, Farha, Ikhtiar Mengatasi Kekerasan Dalam Rumah Tangga, Belajar Dari

Kehidupan Rasulullah SAW., Jakarta: Lembaga Kajian Agama Dan Jender

dengan Perserikatan Solidaritas Perempuan, 1999

Deklarasi PBB Tentang Penghapusan Tindak Kekerasan Kepada Perempuan,

Whasington DC.: 2000

D. Schaffmeister, N. Keijzer, dan E. PH. Sutorius, Hukum Pidana, Yogyakarta:

Liberti, 1995

Diana Ribka, Pangemaran, Tindakan Kekerasan Terhadap Perempuan Dalam

Keluarga, Hasil Penelitian di Jakarta, Program Studi Kajian Wanita Program

Pasca SarjanaUniversitas Indonesia, 1998

Hasbianto, Elli N., Kekerasan Dalam Rumah Tangga Kejahatan yang Tersembunyi,

dalam Syafiq Hasyim (ed.), Menakar “Harga” Perempuan: Eksplorasi Lanjut

Terhadap Hak-Hak Reproduksi Perempuan dalam Islam, Bandung: Mizan,

1999

Heise Lori L. Wits Jacquline Pitanguy and Adrianne Germain, Violence Againts

Women, Washington DC: World Bank Discussion Paper, 1994

11

Humm, Maggi, The Dictionary Of Feminist Theory, London: Harvester Wheatsheaf,

1989

Istiadah, Pembagian Kerja Rumah Tangga Dalam Islam, Jakarta, Lembaga Kajian

Agama Dan Jender dengan PSP Proyek Penyuluhan Hukum Agama, UU No.

1 Tahun 1974 Tentang Perkawinan dan UU No. Tahun 1989 Tentang

Peradilan Agama, Jakarta: Direktorat Pembinaan Badan Peradilan Agama

Islam Dep. Agama, Dirjen Binbaga DEPAG., 1995/1996

Majah, Ibn, Sunan Ibn Majah, Juz I, Beirut: Dar al- Fikr, t. th.

Majalah Psikologi Empathy, KDRT Membuat Anakku Tak Sempat Lahir, No.

10/II/Juni 2005 

Moeljatno,  Kitab Undang-Undang Hukum Pidana, Jakarta, Bumi Aksara, 1994

Sabiq, Sayid, Fiqh al- Sunnah, juz II, Beirut: Dar al- Fikr, 1977

Sakidjo, Aruan, dan Bambang Poernomo, Hukum Pidana, Dasar Aturan Umum

Hukum Pidana Kodifikasi, Jakarta: Ghalia Indonesia, 1990

Tim Kalyanamitra, Menghadapi Kekerasan Dalam Rumah Tangga, Jakarta:

Kalyanamitra, Pusat Komunikasi dan Informasi Perempuan, 1999

Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 Tentang Penghapusan

Kekerasan Dalam Rumah Tangga,Jakarta: Panca Usaha, 2004

Wahyuningsih, Sri, Kajian Kriminologis Kekerasan Terhadap Istri dalam Rumah

Tangga, Makalah Seminar Sehari Problematika Kekerasan Terhadap

Perempuan dan Alternatif Pemecahannya dalam Tinjauan Yuridis, Sosiologis,

dan Keadilan Jender, Malang: 20 Desember 1997

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[1] Sri Wahyuningsih, Kajian Kriminologis Kekerasan Terhadap Istri dalam

Rumah Tangga, Makalah Seminar Sehari Problematika Kekerasan Terhadap

Perempuan dan Alternatif Pemecahannya dalam Tinjauan Yuridis, Sosiologis, dan

Keadilan Jender, Malang: 20 Desember 1997, h. 1

[2] Elli N. Hasbiaanto, Kekerasan Dalam Rumah Tangga Kejahatan yang

Tersembunyi, dalam Syafiq Hasyim (ed.), Menakar “Harga” Perempuan: Eksplorasi

Lanjut Terhadap Hak-Hak Reproduksi Perempuan dalam Islam, Bandung: Mizan,

1999, h. 189

[3] Heise Lori L. Wits Jacquline Pitanguy and Adrianne Germain, Violence

Againts Women, Washington DC.: World Bank Discussion Paper, 1994,  h. 46

[4] Deklarasi PBB Tentang Penghapusan Tindak Kekerasan Kepada

Perempuan, Whasington DC., 2000, h. 2

[5] Maggi Humm, The Dictionary Of Feminist Theory, London: Harvester

Wheatsheaf, 1989, h. 23

[6] Ibid.

[7] Proyek Penyuluhan Hukum Agama, UU No. 1 Tahun 1974 Tentang

Perkawinan dan UU No. Tahun 1989 Tentang Peradilan Agama, Jakarta: Direktorat

13

Pembinaan Badan Peradilan Agama Islam Dep. Agama, Dirjen Binbaga DEPAG.,

1995/1996, h. 15

[8]  Ratna Batara Munti (ed.), Advokasi Legislatif Untuk Perempuan:

Sosialisasi Masalah dan Draft Rancangan Undang-Undang Kekerasan Dalam

Rumah Tangga, Jakarta: LBH APIK, 2000, h. 36

[9] Pangemaran Diana Ribka, Tindakan Kekerasan Terhadap Perempuan

Dalam Keluarga, Hasil Penelitian di Jakarta, Jakarta: Program Studi Kajian Wanita

Program Pasca SarjanaUniversitas Indonesia, 1998, h. 78

[10] Istiadah, Pembagian Kerja Rumah Tangga Dalam Islam, Jakarta: Lembaga

Kajian Agama Dan Jender dengan PSP, h. 18

[11]Majalah Psikologi Empathy, KDRT

Membuat Anakku Tak Sempat Lahir, No. 10/II/Juni 2005 h. 40

[12]Ratna Batara Munti, loc. cit.

[13]Tim Kalyanamitra, Menghadapi Kekerasan Dalam Rumah Tangga, Jakarta:

Kalyanamitra, Pusat Komunikasi dan Informasi Perempuan, 1999, h. 27

[14]Farha Ciciek, Ikhtiar Mengatasi Kekerasan Dalam Rumah Tangga, Belajar

Dari Kehidupan Rasulullah SAW.,Jakarta: Lembaga Kajian Agama Dan Jender

dengan Perserikatan Solidaritas Perempuan, 1999, h. 37

[15]Aruan Sakidjo dan Bambang Poernomo, Hukum Pidana, Dasar Aturan

Umum Hukum Pidana Kodifikasi,Jakarta: Ghalia Indonesia, 1990, h. 61

[16]D. Schaffmeister, N. Keijzer, dan E. PH. Sutorius, Hukum Pidana,

Yogyakarta: Liberti, 1995, h. 82-86

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[17] Moeldjatno, op.cit., h. 151, 153

[18] Moeljatno,  Kitab Undang-Undang Hukum Pidana, Jakarta: Bumi Aksara,

1994, h. 150

[19]Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 Tentang

Penghapusan Kekerasan Dalam Rumah Tangga, Jakarta: Panca Usaha, 2004, h. 2

[20]Yang dimaksud dengan alasan yang haq adalah alasan yang membolehkan

ia membunuh, seperti ketika dalam peperangan melawan  kaum kuffar, musyrik, dan

murtad, atau dalam keadaan terpaksa membela diri (agama, nyawa, harta,

kehormatan, dan yang semisalnya)

[21]Dalam konteks suami zalim, kemudian istri meminta cerai, maka tuntutan

cerai itu disebut dengan khulu' yang dalam Kompilasi Hukum Islam disebut cerai

gugat. Namun dalam konteks istri yang zalim, maka perceraian (cerai talaq)

dibolehkan setelah didahului oleh beberapa upaya suami, yaitu pertama, memberikan

nasehat. Kedua, berpisah tempat tidur, dan jika tetap zalim juga maka

upaya ketiga, boleh memukul dengan kadar pukulan sebagai suatu bentuk pengajaran

(Q.S. al-Nisa' (4): 34. Jika ketiga langkah ini tidak berhasil maka digunakan jasa

hakam untuk memediasi sebelum memutuskan untuk bercerai. Demikian formulasi

hukum perkawinan Islam di Indonesia sebagaimana dijelaskan dalam Kompilasi

Hukum Islam.

[22] Sayid Sabiq, Fiqh al- Sunnah, juz II, Beirut: Dar al- Fikr, 1977 h. 148

[23] Ibn Majah, Sunan Ibn Majah, Juz I, Beirut: Dar al- Fikr, t. th., h. 636

[24] Al- Syathibi, al- Muwafaqat fi Ushul al- Ahkam, juz II, tt., t.th. h. 35-36

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[25] Cukup banyak kasus pidana yang diselesaikan dengan menggunakan

konsep ta'zir ini. Sebagai contohnya adalah tindakan Umar Ibn al-Khattab yang tidak

memotong tangan seseorang yang telah terbukti mencuri. Demikian pula ia pernah

menambahkan hukuman pukul sebanyak empat puluh kali pukulan sebagai

pengajaran (ta’zir) terhadap seorang pemabuk yang sebenarnya telah mendapatkan

hukuman empat puluh pukulan dari Abu Bakar sesuai dengan hukuman had atas

peminum khamr. Dan masih banyak contoh-contoh lain.

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