Vol. 5, No. 8, August 2024
E-ISSN: 2723-6692
P-ISSN: 2723-6595
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Jurnal Indonesia Sosial Sains, Vol. 5, No. 8, August 2024 2111
KEYWORDS
ABSTRACT
Causes of Domestic Violence;
Social Environment of
Domestic Violence; Law
Enforcement of Domestic
Violence
This research uses a qualitative method with a descriptive approach.
Data were collected through in-depth interviews, participatory
observations, and literature studies. Interviews were conducted
with victims of domestic violence, family members, and authorities
such as the police and social workers. Observation was carried out
to observe the condition of families and the surrounding
environment who experienced domestic violence cases. Literature
studies include a review of laws, regulations, and scientific literature
related to human rights and domestic violence. The collected data is
then analyzed thematically to understand the pattern of human
rights violations in the domestic context and the role of the
government and society in handling domestic violence cases. The
results of the study show that human rights violations in the form of
domestic violence often occur in various forms, including physical,
emotional, and economic. Domestic violence victims generally
experience fear and dependence on the perpetrator, which prevents
them from reporting the case
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
1. Introduction
The family is the smallest social unit in society, and it plays a huge role in and influences each
family member's social and personality development. The family needs its organization and the head
of the household to be an essential figure who leads the family and several other family members.
Family members of the father, mother, and child have a perfect relationship. This good relationship
is characterized by harmony in mutual relationships between all members/individuals in the family.
A family is called harmonious when all family members feel happy, characterized by the absence of
conflict, tension, disappointment, and satisfaction with the situation (physical, mental, emotional, and
social) of all family members. The family is disharmonious if the opposite happens (Kusbianto et al.,
2019; Yulia & Kristina, 2019).
What are the Factors that Cause Domestic Violence?
What is the Role and Efforts of the Government in Handling It?
Muhammad Raihan Putra Legawa
Universitas Gadjah Mada, Yogyakarta, Indonesia
Correspondence: [email protected]
*
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Tension and conflict between husband and wife and parents and children are natural in a family
or household. No household runs without conflict, but conflict within the household is not something
scary. Almost every family has experienced it. What is different is how to overcome and solve this
problem. Every family has a way to solve their own problems. If the problem is solved properly and
healthily, each family member will get a valuable lesson, namely being aware and understanding the
feelings, personality and emotional control of each family member so that happiness is realized in the
family. Healthy conflict resolution occurs if each family member does not prioritize personal interests,
find the root of the problem and make solutions that are mutually beneficial to family members
through good and smooth communication. On the other hand, if conflicts are resolved unhealthily,
conflicts will occur more often in the family (Farmawati, 2020).
Problem-solving involves excessive emotions, physical shocks as an outlet of anger, shouting
and swearing, and creepy facial expressions. Sometimes, behaviors such as attacking, coercing,
threatening, or committing physical violence appear. This kind of behavior can be said in acts of
domestic violence (KDRT), which is defined as every act against a person, especially a woman, which
results in physical, sexual, psychological, and/or domestic misery or neglect, including threats to
commit acts, coercion, or unlawful deprivation of independence within the domestic sphere (Mustika,
2018).
Domestic violence is a violation of human rights, a crime against human dignity, and a form of
discrimination. Domestic violence (KDRT) is any act against a person, especially a woman, which
results in physical, sexual, psychological, and domestic misery or abandonment, including threats to
commit acts, coercion, or unlawful deprivation of independence within the domestic sphere (Harefa,
2021; Santoso, 2019).
Everyone's dreams are the integrity and harmony of a happy, safe, peaceful household. Thus,
everyone in the household's rights and obligations must be based on religion. This needs to continue
growing and developing to build household integrity. Realizing this integrity and harmony is highly
dependent on everyone in the scope of the household, especially the level of quality of behavior and
self-control of each person.
According to Dharmono and Diatri (2005), the factors that affect the occurrence of Domestic
Violence (KDRT) can be grouped into four main categories. Individual factors include the
characteristics of the victim and the perpetrator, such as age, low education, occupation, history of
childhood violence, and alcohol or drug use. Socio-cultural factors, especially patriarchal culture,
place the husband as the absolute decision-maker, causing the wife to be submissive and vulnerable
to violence. Socio-economic factors, such as poverty and unemployment, increase the risk of domestic
violence due to social pressures and economic dependence. Religious factors also play a role,
especially when the wrong interpretation of religious teachings encourages male dominance and
arbitrariness of women.
This study aims to identify and analyze the factors that cause the occurrence of Domestic
Violence (KDRT) from the individual side of the perpetrator and victim, as well as socio-cultural,
socio-economic, and religious factors. In addition, this study also aims to evaluate the role and efforts
that have been made by the government in handling and preventing domestic violence, including
existing policies, programs, and law enforcement.
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2. Materials and Methods
Types and Approaches
This study's type and approach of research is descriptive research with a qualitative approach.
Zaenal Arifin stated that descriptive research is research that is used to describe and answer
problems related to a phenomenon or event. Furthermore, Lexy J. Moleong emphasized that the data
collected in the descriptive research were words and/or images derived from interview scripts, notes,
photos, and other official documents.
The qualitative research method is a research method used to research on the condition of
objects that develop as they are or naturally, where the researcher is the key instrument that takes
data sources purposively, as well as research results in the form of data that is actual or by reality and
contains meaning (Sugiyono, 2019). Based on this description, it can be concluded that the type of
descriptive research with a qualitative approach is research conducted by researchers on the natural
condition of objects by digging up actual information to produce descriptive data in the form of
complete and comprehensive words and/or images.
Determination of Research Subject
The research subject is a data source that can provide information related to the research
problem being researched. The subject of the study can also be referred to as an informant whom
Lexy J. Moleong defines as a person who is used to provide information about situations and
conditions. The research subject is determined based on the goals to be achieved in the research. In
this case, the research subject needs to be determined in order to obtain comprehensive data by the
objectives to be achieved in the research.
3. Result and Discussion
Finding/Field Facts
A survey by the National Commission on Anti-Violence Against Women (Komnas Perempuan)
shows an increase in domestic violence (KDRT) amid the current spread of the coronavirus.
Komnas Perempuan periodically makes an annual record to see the trend of cases complained
about and served in Indonesia's legal institutions and the handling efforts carried out. During the
period of regional closures and social distancing restrictions due to the coronavirus pandemic, there
was an increase in cases of domestic violence. This was revealed from a survey of 2,285 female and
male respondents held from April to May 2020.
The director of LBH Apik Jakarta, Siti Mazuma, said that domestic violence (KDRT) has always
been the highest case reported to LBH Apik Jakarta from year to year.
Coupled with the Covid condition due to financial conditions, then also because of economic
instability, the perpetrator and the victim are in the same house 24 hours, 7 days a week because they
have to WFH (Work from Home) or be laid off so that it causes even greater violence. Also, a culture
that places women must meet the domestic needs of RT, food, etc.
In addition to complaining directly about cases of violence to LBH, usually victims of violence
complain directly to the National Commission (Komnas) on Anti-Violence against Women.
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Komnas Perempuan is an independent institution formed after the May 1998 riots. At that time,
there was mass rape, and the state did not have a mechanism to respond to it. Komnas Perempuan
was established to build conducive conditions to eliminate all forms of violence against women and
promote women's rights.
Chairman of Komnas Perempuan, Andy Yentriyani said:
"Komnas Perempuan has three main areas that are prioritized in the private environment,
including violence in the household and intimate relationships. The second is the public realm,
which has nothing to do with the household, and the third is the state realm, so officials, the public
or state apparatus who take an action or do not take an action that is needed in their capacity as
public officials and state apparatus".
Komnas Perempuan, as an independent institution, has received around 600 to 800 complaint cases
per year in the last five years. This commission has the main authority, namely monitoring and
seeking facts, documenting, providing policy recommendations, public education, and cooperating
with any party both at the national and international levels, which is considered important to help
alleviate violence against women in Indonesia.
Facts about Domestic Violence
One in three wives experienced domestic violence. A survey by the Central Statistics Agency
(BPS), for example, said that 1 in 3 women aged 15-64 years had been a victim of violence. The data
is the result of the 2016 National Women's Life Experience Survey (SPHPN) involving 9,000
respondents from all over Indonesia (Pratiwi, 2019). Violence also occurs in highly educated families.
Women victims of domestic violence have obstacles to leaving their partners. Some wives also attack
others outside the home, they are able to control violence against others and choose to do it to their
wives. According to Jill Cory and Karen Mc Andless-Davis, authors of When Love Hurts: A Woman's
Guide to Understanding Abuse in Relationships: Every tactic in power and the wheel of control is used
to maintain power and control in relationships. No matter what tactics the partner uses, the effect is
to control, intimidate or influence the partner to feel that they do not have an equal voice in the
relationship.
Discussion
Causes of Domestic Violence
The economic problems obtained include low family income due to low husband's salary,
husband not working or husband unable to work (due to disability or entangled in criminal cases),
domestic neglect (marked by the absence of maintenance fulfillment by the husband), there are also
households that have to be entangled in debt and receivables (Wardhani, 2021). The Domestic
Violence Roundtable revealed that one of the factors that hinder a survivor from reporting the
violence he or she received is economic dependence. said that survivors with economic dependency
chose not to report the domestic violence they received. This is because survivors have concerns
about their survival after reporting. Survivors have the idea that they do not have the skills or capital
to work if they have to live a separate life from domestic violence perpetrators.
Infidelity The results of data analysis conducted by the researcher showed that there was no
meaningful relationship between the occurrence of infidelity and the reporting of domestic violence
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cases to the police. This can happen due to several things, including: Threats Threats that are carried
out can be in the form of attempts to kill the victim, attempts to injure the victim or other family
members, threats to take the child away, threats to put the victim in a mental hospital, and so on. Fear
of divorce The biggest impact after divorce is psychological, which the wife usually feels more
strongly about. The psychological effects that are often caused are anxiety, depression, emotional
instability, loneliness, and deep sadness.
Parents' fear of children's psychology Children who see disharmony in the family will feel a
negative and unsafe atmosphere when they are at home. Conflicts that occur in the household cause
a decrease in togetherness and affection that they receive in the family so that the child will
experience emotional and psychological disorders after the divorce event. The description of the
emotional and psychological impact above causes many couples to choose to survive in an unhappy
marriage. Irwin Mitchell in his research stated that 1 in 4 married couples feel unhappy in their
marriage but choose to stay together for the happiness of their children.
The social influence in the occurrence of domestic violence is quite large but does not affect the
victim's decision to report the violence he received to the police. This can be motivated by several
stigmas that exist in society. The victim is worried about the rejection and negative image given by
the community to the victim and the perpetrator. In addition, people still consider divorce to be a
shameful thing because it describes failure in building a household. The existence of negative
stereotypes from society makes victims of domestic violence feel less confident, depressed, and tend
to blame themselves as the party who deserves to receive violence from the perpetrator.
Culture The concept of male domination culture (patriarchy) in all aspects of life has been in
effect since ancient times and is still developing today. As a result, there are still many women who
experience subordination, marginalization, harassment, discrimination, exploitation, and others.
Violent behavior is often associated as a way for men to solve problems.22 Violence is carried out as
a form of intimidating acts against women so that they can do what their partners want. Patriarchal
culture also has an impact on women in the form of a mindset to always be resigned, give in, put the
interests of others first, maintain their dependence on men, and always prioritize their role as
husbands and caregivers for children.
Government Efforts in Domestic Violence Actions
In Indonesia, there are two approaches to tackling crimes (criminal policies) such as domestic
violence. First, the penal means approach (criminal law) is more repressive and Second, the non-penal
approach (not criminal law) and this approach is more preventive. In Indonesia, victims can take
domestic violence countermeasures using criminal law by submitting a report to the Women and
Children Service Unit (UPPA) in a number of police agencies under the auspices of the criminal
investigation unit (Satreskrim) (Widyadhana, 2023).
As for criminal sanctions in violation of Law No. 23 of 2004 concerning PKDRT are regulated in
Chapter VIII starting from articles 44 to 53 of the Criminal Code. Especially for domestic violence in
the sexual field, the penalty is a minimum of 5 years in prison and a maximum of 15 years in prison
or 20 years in prison or a fine between 12 million to 300 million rupiah or between 25 million to 500
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million rupiah (Read: articles 47 and 48 of the PKDRT Law). And it should also be noted, that in
general, Law No. 23 of 2004 concerning PKDRT, is not only addressed to a husband, but can also be
addressed to a wife who commits violence against her husband, her children, her family or her maid
who lives in one household.
The government carries out the approach to countering domestic violence outside the criminal
law (Non-Penal Policy) under the coordination of the Ministry of Women's Empowerment and Child
Protection. In the era of decentralization, the names of inter-regional institutions are certainly
different, but in their operations, the institution emphasizes preventing domestic violence more. So,
non-penal can be interpreted as all non-juridical efforts to overcome the occurrence of evil. Moreover,
these non-penal businesses have a very strategic position because they focus more on prevention
(Sriwidodo, 2021).
The question that arises then is why, even though the approach of penal and non-penal facilities
still continues, and even from year to year, it has increased. From the fact of the increase in domestic
violence that occurred, of course, the government must evaluate the domestic violence prevention
program. In the field, the lack of participation of women, as well as the limited number of non-
governmental organizations (NGOs) in overseeing the elimination of domestic violence, are some of
the reasons why domestic violence still continues to occur. In this case, the government must realize
that the hand of power possessed through these two channels is limited, and it needs the participation
of the community to participate.
Obstacles to Solving Domestic Violence Problems in Indonesia
In Indonesia, the obstacles to solving the problem of domestic violence are very complex.
Considering that the problem of domestic violence has many root problems such as economic, cultural
problems and low education levels. The obstacles to resolving domestic violence are increasingly
complicated when the government is less sensitive to the needs of the community in welfare issues
(Fanani, 2018).
In this case, the State also plays a role in the behavior of people who are "out of control" due to
the desperation of life, which in the end commits acts of violence against those closest to them as a
form of venting. In fact, correct legal thinking is the one that departs from the paradigm of "law for
humans", thus the test for the success of a legal product is if it is able to prove that the legal product
is oriented to humans, by serving, prospering and making humans happy.
In this case, the law is not only in the form of a large number of static legislation, but it holds a
dynamic power potential that is full of messages, morals and ideals. Legislation is only a means to
convey wishes, legislation is not just a formal text, but loaded with will. Therefore, it is impossible to
ignore the role of human beings in the work of law. So that when the law is able to humanize humans,
of course various benefits will be achieved.
In the problem of domestic violence, the root causes of problems such as low education and
welfare must be able to be suppressed as little as possible by policy holders in this country. This
means that in addition to being able to issue a policy on the UUPKDRT, the government must play an
active role in maintaining household harmony with various community welfare programs. So that the
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law is not only to be constructed by the ruler, but also the law as behavior. So that the role of the
government in resolving domestic violence is more progressive.
Examining social concepts, policies, and even laws cannot be separated from the social order
that underlies them. A concept, policy, and even law can be irrelevant because it is in a changed social
order. Therefore, to understand the position and capacity of the law in the structure of society, the
first thing that must be understood is the socio-cultural life of the community as a whole and
comprehensive.
In addition to the obstacles mentioned above, it is not uncommon in the settlement of domestic
violence, the contradictory actions of local governments in Indonesia are the cause of why the Law on
Domestic Violence does not run optimally. Several examples released by Komnas Perempuan through
its Annual Record in 2014 stated that there are several regions that are less responsive to domestic
violence.
Some of them are cases of criminalization of domestic violence victims at the Watampone
district court, victim E (17) was even charged with domestic neglect because he was considered to
have left home for school. Even in 2014, East Lombok Regent Regulation number 26 concerning the
implementation of regional regulation number 3 of 2013 concerning other legitimate regional
original income (about polygamy permits) (Komnas Perempuan, 2013).
In addition, there is a qonun on the law of jinayat and qonun on the main points of Islamic sharia
in Aceh which regulates the issue of adultery, rape, and the application of the law of whipping as a
way of punishment, even strengthening immunity for perpetrators, as well as new discriminatory
policies (out of a total of 365 discriminatory policies) spread throughout Indonesia (Saufiah, 2022).
1. Preventive Handling Efforts are efforts that are carried out early through educational activities
to have driving factors and opportunity factors for domestic violence crimes so that awareness
is created, deterrence vigilance, and the development and creation of behavioral conditions or
living norms against violence against women, namely with a firm attitude to reject domestic
violence crimes (Ritonga et al., 2023).
2. Curative Handling Efforts are actions taken to handle victims in an integrated manner. Where
the government and the wider community can carry out integrated handling of victims of
domestic violence, starting from NGOs, women's organizations, religious organizations, and
others; even the police participate in dealing with this problem of domestic violence work
together and invite women activists, women's organizations, NGOs, and students in the district.
3. Medical Treatment Efforts can be provided with a service for health workers to undergo
medical recovery therapy so that the victim can resume activities in carrying out his daily
activities as regulated in Law of the Republic of Indonesia No. 23 of 2004. In this case, it seems
to be justified from Harkrisnowo's opinion (Nasrudiansyah & Alijaya, 2023) that efforts can be
made in dealing with victims of violence by reregulating acts of violence against women in the
provisions of the law so that it can better cover many behaviors that until now have not been
covered in the legislation, the enactment of legal provisions that provide special protection for
victims of violence, namely obtaining the protection of the authorized apparatus for the
behavior that the perpetrator may commit reported by the victims, receive medical,
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psychological, legal and social assistance, especially to restore trust in themselves and treat and
heal the injuries they have experienced and the implementation of special procedures in law
enforcement agencies, the police, in handling cases related to violence against women and
empowering organizations, both government and society, to pay more attention to the problem
of violence against women.
4. Conclusion
Weak knowledge and education, particularly in legal matters, often contribute to domestic
violence as both parties may lack the understanding needed to manage and resolve incompatible
traits. For instance, a husband might be arrogant and domineering due to his lack of knowledge,
leading to conflicts that escalate into violence. Economic factors alone are insufficient to prevent such
violence, as financial stress can exacerbate tensions, especially when a wife demands more to meet
household needs. Cultural norms also play a significant role, with traditional views positioning the
husband as the ultimate authority, leading to the justification of violence against wives and children.
Infidelity is another major factor, where affairs by either spouse can trigger domestic violence. Legal
sanctions for such acts are outlined in Law No. 23 of 2004 on PKDRT, with severe penalties,
particularly for sexual violence, ranging from 5 to 20 years in prison and substantial fines. It is
recommended that the government and related institutions improve education programs and public
awareness campaigns about the dangers and negative impacts of Domestic Violence (KDRT), covering
individual, socio-cultural, socio-economic, and religious aspects that trigger violence. Strengthening
policies and more effective law enforcement are also needed to protect victims and prevent domestic
violence, including regulatory evaluations so that the law can be enforced fairly. In addition, it is
necessary to improve access and quality of assistance services for victims of domestic violence,
especially in remote areas, as well as strengthen economic empowerment programs for families,
especially women. Efforts to promote social and cultural change that support gender equality and
remove patriarchal norms are also essential to create a fair environment and respect the human
rights of every individual in the household.
5. References
Fanani, E. R. (2018). Undang-Undang Nomor 23 Tahun 2004 Tentang Kekerasan dalam Rumah
Tangga, Antara Terobosan Hukum dan Fakta Pelaksanaannya. Jurnal Legislasi Indonesia, 5(3), 1–
8.
Farmawati, C. (2020). Resolusi Konflik Keluarga pada Istri yang Memiliki Penghasilan Lebih Tinggi
Dari Suami. Motiva: Jurnal Psikologi, 3(2), 66–77.
Harefa, A. (2021). Faktor-faktor Penyebab Terjadinya Tindak Pidana Kekerasan Dalam Rumah
Tangga. Jurnal Panah Keadilan, 1(1), 18–21.
Komnas Perempuan. (2013). Korban berjuang, Publik Bertindak: Mendobrak Stagnasi sistem hukum,
catatan KTP Tahun 2012. Jakarta: Komnas Perempuan.
Kusbianto, K., Zuliah, A., & Pulungan, M. A. (2019). Perlindungan dan aturan hukum keluarga terhadap
perempuan dan anak dalam perkawinan. Jurnal Ilmiah Advokasi, 7(1), 1–8.
Mustika, D. A. (2018). Penyuluhan Hukum tentang Perlindungan terhadap Korban Kekerasan dalam
Rumah Tangga di Desa Rengasjajar Kecamatan Cigudeg Bogor . Yustisi, 5(1), 25–30.
e-ISSN: 2723-6692 🕮 p-ISSN: 2723-6595
Jurnal Indonesia Sosial Sains, Vol. 5, No. 8, August 2024 2119
Nasrudiansyah, I., & Alijaya, A. (2023). Kajian Yuridis Undang-Undang No. 23 Tahun 2004 Tentang
Penghapusan Kekerasan dalam Rumah Tangga Ditinjau Berdasarkan Hukum Islam. MIM: Jurnal
Kajian Hukum Islam, 1(1), 39–64.
Pratiwi, S. O. (2019). Peran Lembaga Swadaya Masyarakat dalam Menangani Kekerasan terhadap
Perempuan (Studi Pada LSM Damar Provinsi Lampung) [Skripsi]. Universitas Lampung.
Ritonga, S. A., Sinaga, E. S., Ginting, W. E. B., Siahaan, P. G., & Batu, D. P. L. (2023). Upaya
Penanggulangan Terjadinya Kekerasan dalam Rumah Tangga Study Putusan Nomor
0000/PID.SUS/2023/PN MDN. Jurnal Hukum Progresif , 6(11), 7–14.
Santoso, A. B. (2019). Kekerasan dalam Rumah Tangga (KDRT) Terhadap Perempuan: Sebuah
Perspektif Pekerjaan Sosial. Komunitas, 10(1), 39–57.
Saufiah, S. (2022). Pandangan Majelis Permusyawaratan Ulama Terhadap Hak Asasi Manusia Dalam
Penetapan Sanksi Qanun No. 6 Tahun 2014 Tentang Jinayat (Analisa Penarapan Nilai-Nilai
Maqasid Al-Syari’ah) [Thesis]. Universitas Islam Negeri Sumatera Utara .
Sriwidodo, J. (2021). Pengantar Hukum Kekerasan dalam Rumah Tangga (Edisi I). Penerbit Kapel
Press.
Sugiyono. (2019). Metode Penelitian Kuantitatif, Kualitatif, dan R&D. CV. Alfabeta.
Wardhani, K. A. P. (2021). Perlindungan Hukum terhadap Perempuan Korban Kekerasan Dalam
Rumah Tangga (KDRT) pada Tingkat Penyidikan berdasarkan Undang-Undang No. 23 Tahun
2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga (UUPKDRT). Jurnal Riset Ilmu
Hukum, 1(1), 21–31. https://doi.org/10.29313/jrih.v1i1.70
Widyadhana, Muh. R. (2023). Penyelesaian Tindak Pidanana Kekerasan dalam Rumah Tangga melalui
upaya Penal dan Non Penal Di Wilayah Hukum Polresta Jambi. Universitas Jambi.
Yulia, S., & Kristina, H. (2019). Peran Pekerja Sosial Dalam Menangani Korban Kekerasan Pada Anak
Dalam Keluarga. Prosiding Penelitian Dan Pengabdian Kepada Masyarakat, 6(1), 52–61.
