家庭暴力受害者法律保护的法律与社会途径

Shafa Amalia Choirinnisa
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引用次数: 0

摘要

社会上的暴力其实并不是什么新鲜事。暴力往往与《刑法》规定的一种形式的犯罪行为相结合,例如暴力盗窃(《刑法》第365条)、强奸(《刑法》第285条)、迫害(《刑法》第351条)。然而,此时有很多家庭暴力的形式是对妻子或妇女的暴力。这种暴力行为通常被称为隐性犯罪。之所以这样称呼,是因为施暴者和受害者都试图让这一行为不被公众看到。有时它也被称为家庭暴力,因为暴力发生在家庭领域。家庭暴力犯罪行为可造成受害者身心、性和忽视两方面的伤害,因此需要努力保护受害者,包括身心健康康复。对于家庭暴力的肇事者,需要执法努力,通过司法程序解决暴力案件。解决家庭暴力案件的制约因素需要通过政府的作用和地方政府与社区的合作来克服,从而实现消除家庭暴力的实施。本研究旨在通过比较印尼《反家庭暴力法》、《儿童保护法》、《人权法》、《刑法》等相关法律法规,来描述和分析印尼对家庭暴力受害者的法律保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law and Society Approach on Legal Protection for Victims of Domestic Violence
Violence in society is actually not a new thing. Violence is often carried out in conjunction with one form of criminal act, as regulated in the Criminal Code (KUHP) for example theft with violence (Article 365 of the Criminal Code), rape (Article 285 of the Criminal Code), Persecution (Article 351 of the Criminal Code). However, at this time there is a lot of domestic violence in the form of violence against wives or women. Often this act of violence is called a hidden crime. It is called so, because both the perpetrator and the victim try to keep the act a secret from public view. Sometimes it is also called domestic violence, because violence occurs in the domestic sphere.  Criminal acts of domestic violence can cause victims both due to physical, psychological, sexual and neglect, so that efforts to protect victims are needed, including physical and psychological health recovery. For perpetrators of domestic violence, law enforcement efforts are needed to resolve cases of violence through the judicial process. Constraints in resolving domestic violence cases need to be overcome through the role of the government and local governments in collaboration with the community so that the implementation of the elimination of domestic violence can be realized. This study is intended to describe and analyze the legal protection for the victims of domestic violence in Indonesia by comparing some related laws and regulations such as Anti-Domestic Violence Act, Child Protection Act, Human Rights Law, and Indonesian Criminal Code.
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