Putu Samawati, Putu (2023) Similarity Marrying young in Indonesia: voices, laws and practices (Breaking the cycle: Dating violence in Palembang). Turnitin Universitas Sriwijaya, Palembang.
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Abstract
The protection of victims of dating violence (Kekerasan Dalam Pacaran, KDP) has been regulated through legislation in Indonesia. However, when KDP victims demand justice through legal channels, law enforcement officers will only process violence of a physical nature because the evidence is visible. With regards sexual violence, they usually try to offer a ‘peaceful’ solution, i.e. to settle, by marrying off the two parties. The assumption is that since the boy and girl were in a courtship relation, if sex occurred, that it is based on mutual desire (suka sama suka). Court officials claim that the existing legal tools are insufficient to provide evidence to prosecute such cases in court. According to the records at the Palembang Women’s Crisis Center (WCC), between 2014 to 2016 there were 40 reported cases of KDP. Only 15 cases could be taken to court because there were elements of physical violence, while 25 other cases (psychological and sexual violence) were settled out of court (secara kekeluargaan).1 Data acquisition was done by distributing questionnaires and in-depth interviews (July-October 2016) to 100 victims of child marriage due to KDP, especially sexual violence resulting in pregnancy. When reported to the police, the perpetrator and his family would propose ‘peace’ through marriage, as they assume that it is the best way to resolve the case. Unregistered sirri marriage2 is the most widely practiced method as the parties involved do not fulfill the minimum age required by the Marriage Law (16 for girls, 19 for boys). Being forced to marry at a young age when one is still emotionally immature often leads to disharmony, conflict and ultimately divorce, and economic neglect of the mother andchild. The protection of KDP victims, especially related to sexual violence is very weak and the solution of marrying off the perpetrator and the victim actually creates a new cycle of violence. The contradiction between the norms and enforcement of these norms is the topic of discussion in this chapter. The concept of state unilateralism as policy maker must pay attention to the needs and interests of society at large. Policies to enforce the law and concrete victim protection programs are steps that are hoped to break the cycle of violence in child marriage due to KDP.
| Item Type: | Other |
|---|---|
| Uncontrolled Keywords: | Circle of Violence, Victims, Dating Violence (KDP), Palembang |
| Subjects: | #3 Repository of Lecturer Academic Credit Systems (TPAK) > Results of Ithenticate Plagiarism and Similarity Checker |
| Divisions: | 02-Faculty of Law > 74102-Notarial Law (S2) |
| Depositing User: | Putu Samawati |
| Date Deposited: | 04 May 2023 23:46 |
| Last Modified: | 04 May 2023 23:46 |
| URI: | http://repository.unsri.ac.id/id/eprint/99525 |
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