Domestic violence law 'still ineffective'
Hera Diani, The Jakarta Post, Jakarta
Entrenched cultural traditions as well as the religious teachings of certain religions here say it is causes dishonor if women publicly reveal things that will disgrace husband and family.
It is these two powerful pressures that keep many women from speaking out about domestic violence.
"Even if they do talk about and report their cases, many choose to withdraw the case, or settle it out of court. Some women don't want their husbands to be jailed despite the abuse they suffer," said Kamala Chandrakirana, chairwoman of the National Commission on Violence Against Women (Komnas Perempuan) during a press conference on Thursday.
Despite the good will of the lawmakers and the government in passing Law No. 23/2004 on domestic violence, it has not been effective in reducing the number of cases of domestic violence, Kamala lamented.
The number of instances of domestic violence remains high and goes up every year, Komnas Perempuan's report reveals. The report states that at least 14,020 cases of violence against women were recorded across the country in 2004, almost double the number in 2003.
Out of the 14,020 cases, 4,310 were classified as acts of domestic violence, 2,470 occurred within the community and 6,634 in households; 562 cases were categorized as women trafficking and the remaining 302 were acts of state violence.
The law aims to provide protection for women, be they wives, children or housemaids, from abuse that has long been swept under the rug. Neighbors are obliged to report to the police if they witness domestic violence.
The commission revealed that different perceptions among parties concerned had contributed to the failure to uphold the law on domestic violence.
Kamala said that even the police could not yet agree on the definition of violence, or what defined a household. The role and qualification of victims' counselors are still unclear, as is the management of funds and fine in domestic violence cases.
The regulation and policy under the law are still far from adequate, Kamala said, which makes it difficult to familiarize the mandate of the law.
"Cultural obstacle remains so huge that completing a legal process is still difficult," Kamala said.
Data from the Association of Women for Justice and Legal Aid (LBH Apik) shows that out of 300 reports filed with the institute, only five were investigated by the police in the past year. Two of the cases are being heard in court, while the probe into the other three had not yet finished.
According to the commission's 2005 report, out of the 4,456 cases of violence against women that the Jakarta Police handled, 143 of them were settled out of court or withdrawn by the victims.
Women's activist Kunthi Sridewiyanti has been able to look at the bright side of it all in terms of the law's enforcement. For example, many judges have actually referred to the law instead of the Criminal Code to deal with such cases.
The Indonesian Bar Association, she said, had also provided free consultation for victims of domestic violence.
"However, many law enforcement personnel still do not even know that the law exists, or they don't fully comprehend its contents. They still opt for the Criminal Code, which does not mention anything about victim protection or advocacy," she said.
Komnas Perempuan hopes to urge the police, prosecutors and judges to coordinate with related ministries and organizations to make clear definitions and regulations regarding domestic violence.
The Commission also asked the State Minister for Women's Empowerment to come up with innovative ways to reduce the cases of domestic violence.
"We also urge community leaders, particularly religious leaders, to support women and victims of domestic violence so that they receive legal protection," Kamala said.