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Advances in Social Sciences Research Journal – Vol.7, No.6
Publication Date: June 25, 2020
DOI:10.14738/assrj.76.8477.
Tebay, V., & Salim, R. (2020). Implementation of Law Number 52 of 2009 In Minimizing Domestic Violence In Jayawijaya Regency.
Advances in Social Sciences Research Journal, 7(6) 757-767.
Implementation of Law Number 52 of 2009 In Minimizing Domestic
Violence in Jayawijaya Regency
Vince Tebay
Ramlia Salim
ABSTRACT
The study aims to analyse the extent of the implementation of policy on
Law No. 52 of 2009 in minimizing domestic violence in Jayawijaya
Regency by focusing on 5 (five) family functions namely; religious, socio- cultural, educational, economic and equality. The study used research
informants consisting of perpetrators of violence, Victims, and
companions of victims of domestic violence who were categorized as
main informants. There were 17 (seventeen) perpetrators, 17
(seventeen) victims and 2 (two) domestic violent victims' companions.
Selection of informants was done by choosing from a number of
communities in 40 districts that experienced violence inclusive of
physical, psychological, sexual, abortion, household negligence and
domestic violence. Data analysis applied in the research refers to
Matthew B. Miles and A. Michael Huberman which includes data
reduction, data presentation and conclusions (data verification). Result
of the research on the implementation of Law No.52 of 2009 using 5
(five) family functions, namely; religion, socio-cultural, education,
economy and equality in minimizing acts of violence that occurred in
Jayawijaya Regency had a significant impact in reducing number of
violence in 2018 since the introduction and socialization of the Act in
2014.
Keywords: Implementation, Policy, Law No.52 of 2009, Violence.
INTRODUCTION
Violence against women in households constitutes violations of their human rights and dignity and
is a way of discrimination that must be eliminated. Domestic violence is generally perpetrated
against women by their male counterparts. Factors underlying the occurrence of domestic violence
are as a result of; lack of communication between husband and wife, lack of harmony in households,
economic inability of the husbands, forced marriages and influences of liquor. Government’s
presence is needed in providing protection and comfort for every community to be free from
violence, threats of violence, torture, or treatments that are degrading to human dignity.
Reality shows that in Indonesia, cases of violence against women tend to increase from year to year.
In 2017 there were 348,446 cases of violence recorded, an increase of 25% compared to the
previous year (2016) of which 259,150 cases were recorded. Most forms of violence against women
occurred in 2017 were physical violence (41%) and sexual violence (31%) (Komnas Perempuan,
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Tebay, V., & Salim, R. (2020). Implementation of Law Number 52 of 2009 In Minimizing Domestic Violence In Jayawijaya Regency. Advances in Social Sciences
Research Journal, 7(6) 757-767.
URL: http://dx.doi.org/10.14738/assrj.76.8477 758
2018). Meanwhile, cases of violence against mothers and children in Jayawijaya Regency as a whole
during 2014 to 2018 also tend to increase as follows; physical violence (361 cases), psychological
(41 cases), abortion (9 cases), sexual (94 cases), household violence (681 cases) and household
negligence 914 (cases) (P3AKB Service, 2018).
The role of government in this condition is very important in reducing acts of violence that occur in
Indonesia through regulations and policies concerning prevention of violence as well as concrete
steps that should be taken to minimize them. Government under Law Number 52 of 2009 and Law
Number 23 of 2004 have formulated a national family development policy to empower families
carry out family functions optimally through 8 (eight) family functions which include; religious,
socio-cultural, love, protection, reproduction, socialization, education, economy, and environmental
development, as well as efforts to eliminate domestic violence.
The implementation of law's policy is part of a family development effort that aims to increase
awareness, comfort and protection in order to create a happy domestic life. Development efforts for
families were able to fulfill harmonious family guarantees have been implemented by government
officials in Jayawijaya Regency through counseling activities for pre-marital family guidance and
dissemination of laws on domestic violence even though the results have not been felt maximally.
One of the difficulties is due to demographic characteristics of the region and the late set of laws
that have been followed up in the regions. Another obstacle that arises is the problem of providing
special facilities for victims of acts of violence and adequate allocation of funds. A handling system
that tends to be late makes victims of acts of violence reluctant to report and lack of financial
support from the government.
This research is also a response to the policies implemented by the government in an effort to have
a significant impact on society, especially the subject of domestic violence that occurred in the last
5 (five) years in Jayawijaya Regency and the issuance of the law on family development in order to
prevent domestic violence .
The objectives of this research are: (1) To analyze the implementation of the Law Number 52 of
2009 concerning Family Development policies covering religious, socio-cultural, educational,
economic, and equality functions in minimizing the elimination of violence in households in
Jayawijaya Regency. (2) To analyze the inhibiting factors in minimizing acts of domestic violence in
Jayawijaya Regency. (3) To analyze concrete efforts made by the government to minimize domestic
violence in Jayawijaya Regency.
Based on the background above, the researcher identified several issues that would be examined as
follows: (1) An increase in cases of violence in Jayawijaya Regency in the past five years. (2) There
is a shift in values, norms, and ethics in the family that began to occur because of the current
modernization and globalization trend in the society in Jayawijaya Regency. (3) There is no special
professional private institution in Jayawijaya Regency as a place to handle cases of violence.
This type of research is referred to as descriptive research. Descriptive research is defined as
"Qualitative research, in that the researcher is interested in the process, meaning, and
understanding gained through words or pictures" (Creswell, 2015). In this definition the researcher
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Advances in Social Sciences Research Journal (ASSRJ) Vol.7, Issue 6, June-2020
must be interested in the process, meaning and understanding which are then translated into words
and pictures. Researchers choose the type of research descriptive because the writer wants to
describe in detail and interpret the data or symptoms obtained during the study. This type of
research was also chosen because it was in accordance with the purpose of the study, which
according to the researcher is more appropriate to be done with the type of descriptive research, so
that the writer would describe in detail the domestic violence that occurred in Jayawijaya district.
THEORY
Research related to previous domestic violence has been done by several researchers both inside
and outside Indonesia.
In his research, Almosaed (2004) entitled "Violence Against Women: a Cross-Cultural Perspective"
he examined public attitudes towards violence against women in Arab society and its surroundings
with a cross-cultural focus in that society. He stated that the perpetrators of violence were also
victims of violence and abuse; most respondents agreed to physical punishment as needed; the
majority of male respondents conclude that violence is an effective way to deal with wrong behavior
towards women, while the majority of women feel that men who harass women are not real men
and only exploit their position.
Jayanthi’s (2009) research entitled "Factors Causing Domestic Violence in Survivors Treated by
Lemaga Sahabat Wanita Magelang" with the focus to find out the factors causing domestic violence
in survivors handled by the Magelang Women's Friends Institute recorded the forms of violence
experienced by survivors and survivor's reaction to the violence they experienced. The results
showed that factors causing the occurrence of domestic violence in survivors were infidelity,
economic problems, patriarchal culture, third party interference, playing gambling, and differences
in principles. The main factor that causes domestic violence is an affair committed by a husband
with another woman. The forms of violence experienced by survivors are physical violence
(slapping, grabbing, trampling), psychological violence (verbal abuse, threats), and neglect of the
household.
Harnoko’s (2010) research entitled "Behind Violence Against Women" which examines behind
violence against women in the realm of anything in Indonesia. The results of his research found that
main cause of violence against women is the historical imbalance in the pattern of power relations
between men and women which results in the domination and discrimination against women by
men and obstacles to progress for those who have institutionalized in the spaces of life. Society,
through the placement of men's position as authorities in all human relations in both the public and
domestic spheres, even manifesting in economic, political and religious spaces indicates men’s
dominion over women.
Sarkar’s (2010) research titled "A Study on Domestic Violence Against Adult and Adolescent"
examines domestic violence against adults and adolescent women in rural areas of western Bengal
found that many women interviewed were exposed to violence. Sarkar interviewed 141 adult
women and teenagers living in a village in West Bengal using questionnaires and statistical tests
with simple proportions and significance tests (Chi square test) found that, of the 141 respondents,
33 (23.4%) adult women and adolescents in this village were exposed to domestic violence in the
past year.