Legal Protection for Women Victims of Domestic Violence Due to Social-Media
Derry Angling Kesuma
Sumpah Pemuda School of Law, Palembang, Indonesia kesumaderry@gmail.com
* corresponding author
I. Introduction
In the current digital era, the media is already familiar and cannot be separated from the side of human life. On the one hand, the media can positively impact us, but it can also harm us; it is all just a matter of how we see and use the media wisely for our needs [1] There are so many types of media, such as broadcasting, television, and radio. Then there are print media such as newspapers, magazines, tabloids, leaflets, brochures, posters, and many other forms. Finally, there is new media or the latest media, namely the internet, which provides a lot of current social phenomena, one of which is social media, which almost everyone has and accesses every day [2].
These days, social media plays a crucial role as a catalyst for innovation and reinvention since it is a platform for open, honest, and immediate two-way communication. The role of social media in easing the shift from more traditional to more contemporary ways of life [3]. On the other side, citizens are encouraged to provide feedback to their government on various issues regarding the delivery of services. In today's era of transparency, the government requires the role of social media, such as aiding in the resolution of complaints or public service reports, aiding in the increase of public participation in monitoring public services, and speeding up the completion of public service reports [4]. In addition to facilitating the dissemination of new knowledge, social media platforms also serve as a channel for citizens to voice concerns to one another and the government [5].
ARTICLE INFO A B S T R A C T
Article history:
Received 17 June 2022 Revised 04 Sept 2022 Accepted 01 Nov 2022
The social media platform has assumed its role as a driver of innovation and revitalization. In addition to the role it plays in the transformation of information, social media also plays an important strategic role because it can serve as a means of communication between individuals and communities.
However, the expansion of information and communication technology has also resulted in a negative impact, which can be seen in the rise of social media.
The occurrence of domestic violence is one type of effect that has a negative effect (KDRT). The husband's jealousy if his wife uses social media against the opposite sex is one example of a form of domestic violence that social media can cause. Other examples include accessing social media accounts with the intent of stalking or spying on his wife, intimidating her, and other similar behaviors. Currently, the form of legal protection for women who commit acts of domestic violence is governed by the Criminal Code (KUHP), beginning with Article 351 and ending with Article 356; Article 6, Article 16 concerning protection; and Article 44 concerning criminal sanctions in Law No. 23 of 2004 regarding the Elimination of Domestic Violence. Law No. 23 of 2004 concerning the Elimination of Domestic Violence contains these provisions.
The parameters for eliminating domestic violence are based on the law's adherence to four guiding principles: a) respect for human rights, b) gender justice and equality, c) non-discrimination, and d) victim protection. In the interim, these laws outline the forms of legal protection available to women who have been victims of domestic violence: (1) provision of temporary protection; (2) determination of the protection order by the court; (3) provision of a Special Service Room (RPK) at the police office; (4) provision of safe houses or alternative residences; and (5) provision of legal consultation by advocates for victims at the investigative level.
Copyright © 2017 International Journal of Artificial Intelegence Research.
All rights reserved.
Keywords:
Legal Protection, Women,
Domestic Violence, Social-Media.
However, the use of social media can also trigger domestic violence (KDRT). The presence of husbands who often suspect their wives of communicating with the opposite sex through social media is the most common cause of domestic violence [6]. In addition, domestic violence in this technology can be in the form of using technology to control its victims. This violence includes accessing the victim's email and social media accounts without permission (hacking), using a tracking device to find out the location and activities of the victim, stalking the victim's social media accounts, and forcing the victim to provide the password for the victim's account. Account[7]. In addition, perpetrators of domestic violence usually enter the victim's social media accounts or imitate them on fake accounts, intending to send messages to damage victims' relationships in cyberspace [8]. Perpetrators also use inappropriate personal images to intimidate. A survivor of domestic violence said her partner shared nude photos of her on social media [9].
If you think about it deeply, it seems that violence against women, particularly domestic violence, includes sexual violence, which is a complex problem to understand and solve[10]. In addition, there is a lack of guarantees for protection for victims; in this case, women, in the end, the victims are more silent because there is no longer a profound understanding of what is right and what is wrong [11].
Even now, there is a new phenomenon from the perpetrators, the husband, using the Domestic Violence Act to win this dispute. For example, reporting back that the husband is a victim who has experienced psychological violence due to child custody issues because he is kept away from his children [12].
Since the enactment of Law No. 23 of 2004 on the Elimination of Domestic Violence (hence referred to as the PKDRT Law), harsh treatment or acts of violence within the home have been classified as criminal actions, and their offenders may be subject to criminal sanctions [14]. Domestic violence is an act that causes agony and suffering, particularly for women (wives), both physically, psychologically, sexually, and/or by neglecting the household, and may include threats, coercion, or arbitrary denial of liberty, whether committed in public or in private [15].
As a means of eradicating prejudice against women, several legal instruments have enacted protections for women who have been victims of violence, particularly domestic abuse [16]. The Criminal Code provides the legal framework for violence against women (KUHP). A number of articles in the Criminal Code are closely related and can be classified as acts of violence against women, particularly Articles 351 through 356. In addition to the Criminal Code, which provides legal protection for female victims of physical violence, it is also regulated by Articles 6, 16, and 44 of Law No. 23 of 2004 on the Elimination of Domestic Violence. Articles 6 and 16 deal with protection, while Articles 16 and 44 deal with criminal sanctions [17].
The protection the victim anticipates is the type of protection that may provide the victim with a sense that justice has been served [19]. This issue can be classified as a form of discrimination, particularly against women, and a crime whose victims require government and community protection. Because the majority of domestic violence victims are female, this phenomenon is, in principle, a violation of human rights [18]. However, attempts to assist victims of domestic violence are still inadequate. This is due to the fact that victims continue to fail to report violent acts committed against them by perpetrators of violence. The victim's reluctance to report perpetrators of domestic violence to the police is primarily motivated by economic constraints and the need to be protected and cherished by their partners. The need to be protected and loved by others as partners is one of the reasons why domestic violence victims are reluctant to report perpetrators of domestic violence to the police [20]. Even though the government has enacted laws and regulations to protect women who have been victims of domestic violence, the problem persists [21].
Based on this history, the problem that will be investigated in this study will be stated as follows:
Why the use of social media, which is a form of advances in information technology, can cause domestic violence, and how the implementation of law enforcement can provide legal protection for women who have been victims of domestic violence due to the use of media as a result of the development of information and communication technology in this digital era are discussed.
II. Methods
This study is a normative legal study based on library research. Normative legal research, research that discusses doctrines or principles in legal science because it uses secondary data as the primary
data [22], refers to research that describes, examines, explains, and analyzes problems regarding legal protection for women who are victims of violence in the home or domestic violence as a result of social media. The problem approach utilized in this study is the Philosophical Approach, which examines the legal principles contained in the provisions of consumer protection and data protection as consumers. The statutory approach entails a review of all laws and regulations about the legal issues at hand. This statutory technique describes the analysis of legal regulations controlling consumer protection law in its capacity to protect consumer data. In contrast, the conceptual approach departs from the developing ideas and doctrines of the science of law. By researching the perspectives and doctrines of legal science, researchers will discover notions that give rise to pertinent legal understandings, legal concepts, and legal principles.
III. Result and Discussion
A. Domestic Violence (KDRT)
According to criminologists, "violence" that results in physical harm is against the law. So, violence is a crime. Based on this understanding, cases of violence against women in the household can be prosecuted under the articles of the Criminal Code regarding crime. Moreover, suppose you look at the definition put forward by Sanford Kadish in the Encyclopedia of Criminal Justice. In that case, he says that violence is all types of unlawful behavior, either in the form of an actual act or in the form of criticism that results in destruction or damage to property rights[23]. However, crime also cannot be said to be a crime if the statutory provisions (law) do not or have not regulated it, such as violence related to sexual relations [24]. For example, forced sexual intercourse by a husband against his wife. This cannot be said to be a crime because no single article regulates forced sexual intercourse by a husband against his wife [25].
According to [26], violence is an assault on a person's bodily or mental integrity to hurt the weaker party. Violence is an attack on a person's bodily or psychological well-being, resulting in the act of oppression against one party that causes physical or psychological injury to one party. Violence, as defined by [27], is violent conduct with both persuasive and physical elements of harassment. [28], meanwhile, regards violence as a misuse of resources, insights, and advances for other goals or as a group monopoly.
Act No. 23 of 2004 Article 1 defines domestic violence as any action against a person, especially a woman, that results in physical, sexual, psychological anguish or suffering and neglect of the household, as well as threats to perform acts of coercion or deprivation of liberty. The law defines domestic violence as all sorts of physical and psychological abuse perpetrated by family members against other family members (husband and wife, as well as violence perpetrated by the woman against the husband or father against children). However, the majority of victims of domestic violence are the wife and children of the perpetrator. According to [29], domestic violence actions include the following:
1) Communication. Communication in the family is essential in determining a household's harmony. Communication will create a more open relationship among family members in submitting complaints or other matters related to family problems. When communication in a family is not good, it can be ascertained that it will increase the possibility of conflicts leading to domestic violence, which is very likely to cause victims.
2) Misappropriation. A third party in a husband and wife relationship is a big problem the couple faces. Not infrequently, this causes divorce or causes an act of Domestic Violence (KDRT). His wife suddenly caught him like a husband having an affair while on a date. While at home, the wife asked the truth, but the husband did not accept it, and in the end, there was an argument that led to physical violence by the husband against his wife. In some cases like this, the suspect is the husband, and the victim is the wife or the child who is an outlet for this abuse.
3) Low self-image and frustration. This factor usually arises if the husband feels hopeless about the problems in his work; on the other hand, the wife continues to pressure the husband to carry out his responsibilities to meet the family's economic needs. A situation like this causes a more incredible frustration in the husband, which then makes his emotional level explode. So, in the end, it will trigger the emergence of domestic violence actions due to frustration.
4) Changes in social status. Factors causing the emergence of Domestic Violence in urban families with middle to upper economic life levels. It is a matter of lifestyle with high prestige in the family. Problems will arise if there is a decrease in income sources, the end of the term of office, with the emergence of such cases then making each family member feel ashamed of the people around and then putting excessive pressure on the party who acts as a breadwinner, usually the father. As a result, it will trigger the emergence of potential domestic violence in the family.
5) Violence as a source of problem-solving. The culture of domestic violence is closely related to the problem of violence that has been experienced since birth, has been in a harsh environment, and continues to be educated with values related to elements of violence, so when he has a family, he will use violence as the most appropriate and quick means to solve a problem. Violence is ingrained so that a problem will not be stable if it is not interspersed with acts of violence.
According to Law No. 23 of 2004, the most common kind of domestic abuse is physical violence, which includes acts that cause pain, falls, agony, or even severe injuries, such as beating, slapping, stabbing, etc. The second is psychological violence, which consists of activities that cause fear, loss of self-confidence, inability to act, emotions of powerlessness, and/or significant psychological anguish. For instance, threats against his life in the form of death threats, etc., will not be tolerated calmly. The third type of violence is sexual violence, which can be divided into two categories: forced sexual intercourse against household members and sexual relations between home members for commercial or other goals. Furthermore, the fourth is the neglect of the household, which includes leaving or abandoning the family without any means of support or failing to inform the party of his departure. For instance, a husband leaves his wife and child because of a family dispute, but after a long time, there is no news and no provision for his family's necessities.
B. Domestic Violence Due to Social-Media
Along with advancements in communication technology, communication media has evolved so rapidly that we now have numerous options to convey/access information through conventional media, such as print and electronic media, with social media being the most developed.
Social media are online media where users may easily engage, share, and produce material, such as blogs, social networks (Facebook, YouTube, Myspace, and Twitter), wikis, forums, and virtual worlds. Social networking is the most popular social media platform because it allows users to establish personal web pages to connect with friends, share information, and converse [30].
Facebook and WhatsApp are the most popular social networks among users because they are more practical, affordable, and inexpensive. It is sufficient to have a smartphone to access information through social media at any time and place. The most exciting aspect is that we may share information about our personal and group activities [31].
The use of social media has permeated nearly all strata and demographic groups, including government officials, businesspeople, merchants, Ustas, students, and students. In 1971, researchers at the Advanced Research Projects Agency (ARPA) sent the first electronic mail, which led to the development of the GeoCities website in 1995. Web Hosting is a rental service for website data storage that enables website pages to be accessed from anywhere on the Internet. Then, in 1997, the name of the social networking site was born; in 1999, a site to create personal blocks, Blogger, appeared, allowing its users to create web pages that could load anything about anything, including personal matters, without spending a great deal of money or time [32]. Users of social media are permitted to create messages, edit, add, and modify text, photographs, videos, and other media. Everything is possible without the assistance of others. This explains the rapid growth of social media.
The use of social media has an extraordinary impact, especially in terms of how people engage with one another on social, political, and economic levels. The usage of social media makes it simple to communicate with friends and family members, which is something that is not possible when meeting in person due to the geographical distances involved. We can send the necessary information easily and quickly, and we can readily and quickly obtain the information we require. Through Facebook and other social media platforms, we reconnect with many friends and family members whom we have not seen in a long time. Using social media as a platform to share and trade photographs, data, and other documents is possible. The use of social media as a promotional tool for various goods and services that may be provided to social media users without spending high costs and in exchange for several advantages is another possibility. It should therefore come as no surprise
that online businesses have flourished due to social media. Even in major urban centers, political communication through social media has become a potent enough medium to influence candidate pairs [33].
The use of social media can also harm society, as we can see now that social media is used as a medium to instill hatred towards others by uploading unethical words or pictures in order to build up feelings of displeasure and hatred against someone, particularly those who have an important position both in government and state institutions. This is an example of how the use of social media can harm society, as we can see now that social media is used as a medium to instill hatred towards This behavior is extremely risky, particularly concerning the continued existence of the state and the Unitary State of the Republic of Indonesia, as it is currently constituted. Social media is used to criticize and even antagonize other people. It is possible that in the not-too-distant future before things get out of hand, there will be a need for control to govern the use of social media as a means of communication in order to prevent unfavorable outcomes.
Social media usage can also affect the relationship between a husband and wife since it can provoke jealousy in both couples if one partner establishes an artificial relationship with a third party.
Unsupervised use of social media contributes to a significant number of incidents of domestic violence, which frequently leads to divorce. The children are the ones who have to carry the burden of the risk in these situations. In its most basic form, using social media that is used destructively can serve as a catalyst for adultery in the home. This may occur for a variety of reasons, such as the partner's boredom; the user's dissatisfaction with their partner as a result of constantly comparing their partner's shortcomings with those of known mistresses on social media; the user's infidelity to their partner; the user's desire to remarry; the user's desire to get back together with an old boyfriend that they met on social media; and so on [34].
Suppose both partners in a married relationship use social media platforms like Facebook and WhatsApp frequently and extensively. In that case, there is an increased likelihood that one of the partners may become involved in an extramarital affair. At first, it was merely an engagement with someone of the opposite sex in cyberspace, consisting of intense conversing with each other, venting to each other, and caring for each other, which eventually led to sentiments of attachment between the two parties. Finally got together in the real world and carried on an illicit affair with each other. When one partner exposes the other's affair to the other, it can cause ongoing conflict between the two, ultimately resulting in domestic violence, of which most victims are female.
C. Protection of Victims of Domestic Violence due to the Use of Social-Media According to Law Number 23, the Year 2004
Both substantive criminal law and criminal procedural law (formal criminal law) have paid more attention to protecting suspects and defendants than those whom criminal activities have wronged.
Several elements play a role in this, including (1) the law, (2) the victims' knowledge of their rights, (3) the availability of resources, and (4) the quality of available human resources. Since statutes are the primary source of law in a legal system, their presence is crucial to actualizing legal order.
Consequently, despite the passage of Law Number 23 of 2004, many victims still choose not to go to the police with their stories for various reasons, including (1) feelings of shame, shyness with extended family, and dishonor if the news becomes public. This stems from (1) the belief held by some in the community that the wife's experience of violence is the result of the wife's fault, (2) the wife's economic reliance on the actor (the husband), and (3) women's concerns about the effectiveness of law enforcement in responding to reports of domestic violence.
Before the passing of Law 23 of 2004, domestic abuse victims and the general public did not have much faith in the country's judicial system. Unfortunately, many reported domestic abuse cases never get to the point where the offenders may be identified and arrested. This also reinforces the victim's idea that the police, in particular, will not provide any extra protection even if they report the crime.
It is intended that victims of domestic violence will become more aware of their rights after the passage of Law Number 23 of 2004. This law protects the most vulnerable members of society, including women and children, who are more likely to become victims due to their lower socioeconomic status. In our analysis, we focused on the unique experience of battered spouses at the hands of their abusive husbands. Respect for human rights, gender justice and equality, non-
discrimination, and the safety of victims are the four pillars upon which the legal framework for eradicating domestic abuse rests.
As stated in Article 4 of the law, one of the goals of eradicating domestic violence is to prevent all forms of domestic abuse. By doing so, we can hopefully rid people's lives of the many instances of domestic violence that have been so common in Indonesia. The law has primarily regulated how domestic violence actions are resolved, with the aim of protecting victims, in accordance with the common principles and goals of eradicating domestic violence. Here are the five parts of the solution to domestic violence: (1) victim rights; (2) government and societal responsibilities; (3) victim protection; (4) victim recovery; (5) resolution of domestic violence through the application of legal sanctions. As a result, this law places a premium on safeguarding domestic violence victims.
Wives who are victims of domestic violence are afforded the following safeguards thanks to this legislation: (1) temporary protection; (2) judicial determination of the protection order; (3) a Special Service Room (RPK) in the local police station; (4) access to safe houses or alternative residences;
and (5) access to legal consultation from advocates throughout the investigation, prosecution, and court hearing processes. Due to the preponderance of male police officers, this law mandates the creation of a special unit within the police department known as the RPK, staffed by female police officers (polwan), to alleviate the stigma associated with reporting crimes of violence. Many victims of domestic abuse have not been able to break free from the cycle of violence because they have been unwilling or afraid to report the abuse to authorities. The police's interrogative tone, lack of apparent defense for the victim, and occasional criticism of the victim may be contributing factors to the victim's fear or reluctance.
Some victims go to the police about their husband's abuse, but they end up blaming themselves.
Such a thing happens all the time. As a result, it's not surprising that incidents of domestic violence have been on the rise recently. Domestic violence victims have the right to (a) temporary or permanent protection from family, police, prosecutors, courts, advocates, social institutions, or other parties; (b) medically necessary health care; (c) confidential treatment; and (d) assistance from so-called victim advocates, all under Article 10 of this law..
IV. Conclusion
The social media have assumed their role as agents of change and revitalization. In addition to transforming information, social media play a strategic role and can facilitate communication between individuals and communities. However, due to the advancement of information and communication technology, SocialMedia also has a negative impact. Domestic Violence is an example of a negative consequence (KDRT). Domestic violence caused by social media includes the husband's jealousy if his wife uses social media with the opposite sex, accessing his wife's social media account to stalk or spy on her, intimidating her, etc. Until now, the form of legal protection for women who commit acts of domestic violence has been governed by the Criminal Code (KUHP), beginning with Articles 351 to 356 and Articles 6, 16, and 44 regarding criminal sanctions in the law. No. 23 of 2004 concerning the Elimination of Domestic Violence. The parameters of this law for eradicating domestic violence are based on four principles: (a) respect for human rights; (b) gender justice and equality; (c) nondiscrimination; and (d) victim protection. Moreover, these laws provide the following forms of legal protection for women victims of domestic violence: (1) temporary protection; (2) the determination of the protection order by the court; (3) the provision of a Special Service Room (RPK) at the police office; (4) the provision of safe houses or alternative residences; and (5) the provision of legal consultation by advocates for victims at the levels of investigation, prosecution, and court hearings.
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