THE LEGAL PROTECTION OF WOMEN FROM VIOLENCE (HUMAN RIGHTS PERSPECTIVE)

Abstract

Violence against women is a form of human rights violations. Law of the Republic of Indonesia No. 39 Year 1999 concerning Human Rights states that, Human rights violations are every act of a person or group of people, including state apparatus, whether intentional or unintentional, or negligence against the law which reduces, obstructs, restricts and or revokes the human rights of a person or group of people which guaranteed by law, and do not receive, or it is feared that they will not get a fair and correct legal settlement, based on the existing legal mechanism. Legal protection towards women is regulated in Law of the Republic of Indonesia Number 39 Year 1999 on Human Rights in Chapter III concerning Human Rights and Basic Human Freedom, specifically in the ninth part of Article 45-51 concerning Women's Rights. To deal with and overcome the problem of domestic violence, the Indonesian government ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 24 July 1984 through Law of the Republic of Indonesia No. 7 Year 1984 and authorized Law of the Republic of Indonesia No. 23 Year 2004 on Elimination of Domestic Violence. Temporary protection is mentioned specifically in Law of the Republic of Indonesia No. 23 Year 2004. Temporary protection is a form of protection granted by the police and/or social institutions or other parties, before the issuance of court protection order. On the other hand, the form of protection order under Article 1 No. 6 of Law of the Republic of Indonesia No. 23 Year 2004 states that protection orders are stipulations issued by the court to provide protection to anyone, including victims, witnesses, escorts and friends of victims with the longest period of time one year and can be extended by court.

Keywords: legal protection, violation, woman.