Volume
3, No. 6 June 2024 (1145-1156)![]()
p-ISSN
2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
Empirical Study of the Occurrence of
Domestic Violence in Banggai Regency, Central
Sulawesi Province
Dri Sucipto1*,
Oman Sukmana2,
Wahyudi3, Vivian Nova4
1,2,3,4Universitas Muhammadiyah Malang, Malang, East Java, Indonesia
Emails: drisucipto25@gmail.com
ABSTRACT:
The smallest social unit in society is the household or
family, and this has a significant impact on the personality development of
each family member and the way they interact with other people. The aim of this
research is to identify the causes and various forms of domestic violence in Banggai Regency, Central Sulawesi Province. and Factors
influencing the occurrence of domestic violence in Banggai
Regency, Central Sulawesi Province. This research uses empirical methodology,
with data sourced from literature reviews and field investigations. The
research was conducted in Central Sulawesi Province, in Banggai
Regency. collecting information in the field through field work, interviews and
observations. After that, qualitative descriptive analysis was used to test the
data. Research findings show that in Banggai
district, Central Sulawesi Province, there are very frequent cases of domestic
violence where the victims are generally women. In addition, a
number of laws and regulations have been enacted to protect women who
are victims of domestic violence. Law Number 23 of 2004 concerning the
Elimination of Domestic Violence is one of the legal regulations that
specifically regulates domestic violence. However, the many laws and
regulations governing women's safety do not adequately consider women's needs
to protect them from crimes involving domestic violence. Economic problems,
social media, adultery and drug use are key variables that influence the
incidence of domestic violence. So it is hoped that
the government, police and society can work together to combat acts of domestic
violence in order to minimize physical, psychological and sexual domestic
crimes and create a harmonious household environment.
Keywords: Family,
Domestic Violence, Violence.
INTRODUCTION
The smallest social unit in
society is the household or family, and this has a significant impact on the
personality development of each family member and the way they interact with
other people (Bott & Spillius,
2014). Families need structure, and apart from several other
family members, the head of the household is an important character who guides
the family. Father, mother, and children form a family, and they get along well
as one unit. Harmony in the mutual ties between each family member and each
individual characterizes this positive relationship (Yunita, Doriza, &
Oktaviani, 2022).
A family is said to be
harmonious if all its members protect and love each other. The family members
are all happy with the absence of division, anger, sadness and a sense of
satisfaction with the condition (physical, psychological, emotional and social)
of all family members. On the other hand, a family is considered disharmonious
if the opposite happens (Lila, van Aken, Musitu,
& Buelga, 2020). Furthermore, in line with the Pancasila philosophy and
the 1945 Constitution of the Republic of Indonesia, the State and society have
an obligation to prevent domestic violence, protect victims, and take action against perpetrators.
According to the
state, all types of violence, including domestic violence, are discriminatory
practices, crimes against human dignity, and violations of human rights (Beasley &
Thomas, 2013). This is based on article 28 of the 1945
Constitution of the Republic of Indonesia, along with its amendments. Article
28 G paragraph (1) of the 1945 Constitution of the Republic of Indonesia states
"every individual has the right to personal protection, family, honor,
dignity and property under his control, and has the right to a sense of
security and protection from the threat of fear of doing or not doing."
something which is a human right'' article 28 H paragraph (2) of the 1945
Constitution of the Republic of Indonesia states "every individual has the
right to convenience and special treatment to obtain the same opportunities and
benefits in order to achieve equality and justice."
Based on recent
developments, Banggai Regency in Central Sulawesi
Province has become a place where physical, psychological, sexual and domestic
violence occurs (Ilahi, 2021). Appropriate legal instruments are needed to
stop and prevent domestic violence. Legal reform and increasing social
awareness to support marginalized or vulnerable groups, especially women, are
needed considering the high number of violent crimes, including domestic
violence, that occur in Banggai Regency, Central
Sulawesi Province.
Existing legal
reforms are inadequate because it has been proven that the problem of violence
in the household is still rampant and is no longer in line with community norms
(Dhawan &
Bhasin, 2024). So it is deemed necessary to issue
regulations that regulate domestic violence only because it has a special
nature, even though in general the Criminal Code has discussed torture and
immorality as well as neglect of individuals who must be supported and
supported (Bernstein,
2015).
The law
regarding the elimination of domestic violence is closely connected with a
number of other laws that have been passed previously, namely, Law Number 1 of
1946 concerning the Criminal Code and its amendments, Law number 8 of 1981
concerning the criminal procedure code, Law number 1 of 1974 concerning
marriage, Law number 7 of 1984 concerning ratification of the convention on the
eradication of all forms of discrimination against women, and on human rights.
This law strictly
regulates domestic violence with different criminal aspects from the crime of
abuse as in the Criminal Code, in addition to regulating the prevention,
protection and recovery of victims of domestic violence (Goodmark,
2018).
It is hoped
that law enforcers, health workers, social workers, volunteers and religious
leaders will become more sensitive and responsive to household needs, initially
focusing on maintaining household integrity and harmony, so the Law on the
Elimination of Domestic Violence also regulates their obligations in protecting
victims.
As part of
his duties and obligations related to women's empowerment, the Minister carries
out preventive efforts to stop domestic violence (Hester
& Lilley, 2014). These efforts include education and
communication regarding the prevention of domestic violence (Kiani et
al., 2021).
This study aims to empirically
examine the occurrence of domestic violence (DV) in Banggai
Regency, Central Sulawesi Province, by analyzing the existing legal frameworks,
including the Criminal Code, the Criminal Procedure Code, the Marriage Law, the
Law on the Elimination of Discrimination Against Women, and Human Rights Law.
It also evaluates the effectiveness of the Law on the Elimination of Domestic
Violence, which governs the prevention, protection, and recovery of victims,
and the responsiveness of law enforcers, health workers, social workers,
volunteers, and religious leaders in handling DV cases. Additionally, the study
assesses the preventive efforts undertaken by the Minister related to women's
empowerment, particularly through education and communication on DV prevention,
and advocates for the drafting of a comprehensive, explicit, and firm law to
eliminate DV and protect victims, with a specific focus on the situation in Banggai Regency.
RESEARCH METHODS
The author will provide a detailed description of incidents of domestic
violence in Banggai Regency, Central Sulawesi
Province, using empirical descriptive legal research as the data collection
method. Empirical methods were used to obtain data for this research, with data
sources from the author's own observations from literature studies and field
research (Zhu, Sari,
& Lee, 2018).
In conducting the research, the author took the location of the Banggai Resort Police by reviewing documents which provided
qualitative and quantitative data. The research was carried out in Banggai Regency, Central Sulawesi Province. This research
is empirical in nature. Data collection by observation, interviews and
documentation (Goldkuhl,
2019). Then the data was analyzed using
qualitative descriptive. which is related to the topic of this article and
interviews, namely conducting interviews with people who have a position with
the problem, namely: Police Chief, Banggai Regency,
Central Sulawesi Province. The data obtained, both primary and secondary, was
obtained using descriptive analysis. This is in order to
make it easier for writers to analyze and identify research findings.
RESULTS AND
DISCUSSION
Forms
of Domestic Violence
Further explained by Mr. AKBP AKBP
Ade Nuramdani as Banggai
Police Chief (interview on 7 July 2023) that the forms of domestic violence
action during the 3 year period (2020 to 2022) were in
the form of: 1. Physical violence. Physical force is used in acts of violence
to injure or attack another person. This is an unfair act that often results in
bodily harm. What is included in physical violence, for example, is assault and
rape. 2. Psychological Violence. Two interrelated components of psychological
violence are the perpetrator's actions and the psychological or psychiatric
consequences, which not only describe the victim's condition but also explain
the reasons. Psychological violence includes insults, comments that undermine
other people's self-worth, not allowing the wife to be friends, threats of
divorce, keeping the wife away from her children. 3. Household neglect.
A person who neglects his household is a person who
leaves it, even though he is obliged by law to provide for the person concerned
or based on an agreement to that end, to fulfill his needs (Nussbaum, 2011). Additionally, anyone who forces a victim under
his or her control by limiting or prohibiting appropriate work inside or
outside the home constitutes neglect. One can classify economic violence as
domestic neglect. Types of economic violence include: Not providing for his
wife and taking advantage of her financial dependence to control her life (Postmus, Hoge,
Breckenridge, Sharp-Jeffs, & Chung, 2020).
From the results of an interview with Mr. AKBP AKBP Ade Nuramdani as the Banggai Police Chief, information from the Head of the
Women and Children Protection Unit of the Banggai
Police, domestic violence cases handled by the Women and Children Services
(PPA) of the Banggai Police, from 2020 to 2022 can be
seen in the table. 1 below:
Table 1. Behavioral data on acts of domestic
violence at Banggai Police for the period 2020 – 2022
|
No |
Year |
Number of Cases |
|
1 |
2020 |
48 |
|
2 |
2021 |
36 |
|
3 |
2022 |
7 |
|
Total number |
91 |
|
Data Source: Banggai
Police (July 2023).
From the table above, according to a brief
explanation by Mr AKBP AKBP
Ade Nuramdani as Banggai
Police Chief (interview on 7 July 2023) in 2020 there were 48 cases of domestic
violence, in contrast to 2021 there were 36 cases of domestic violence, a
decrease compared to 2020, while in 2022 there were 7 The decline in domestic
violence cases was very significant when compared to the previous two years.
There was a decrease in the number of cases from
2020 to 2022 by 7 cases, due to the increasing awareness of husbands and wives
to maintain the household and if a problem occurs, the husband and wife often
resolve the problem amicably. Increasing public understanding, especially
husbands and wives, of the Law on the Elimination of Domestic Violence, is
expected to reduce the number of domestic violence cases that occur in
Indonesia, especially in the Banggai Regency area,
Central Sulawesi Province.
Furthermore, Mr. AKBP AKBP
Ade Nuramdani as Banggai
Police Chief (interview on 7 July 2023) said that from the data on domestic
violence cases over 3 years old you can see the forms of domestic violence in
Table 2:
Table 2. Forms of Domestic Violence in Banggai Regency. Period 2020 – 2022.
|
NO |
YEAR |
FORMS OF DOMESTIC VIOLENCE ACTION |
NUMBER OF CASES |
|
1 |
2020 |
PHYSICAL ABUSE |
34 |
|
PSYCHICAL
VIOLENCE |
4 |
||
|
SEXUAL VIOLENCE |
- |
||
|
HOUSEHOLD
NEGLIGENCE |
10 |
||
|
2 |
2021 |
PHYSICAL ABUSE |
32 |
|
PSYCHICAL
VIOLENCE |
- |
||
|
SEXUAL VIOLENCE |
- |
||
|
HOUSEHOLD
NEGLIGENCE |
3 |
||
|
3 |
2022 |
PHYSICAL ABUSE |
7 |
|
PSYCHICAL
VIOLENCE |
- |
||
|
SEXUAL VIOLENCE |
- |
||
|
HOUSEHOLD
NEGLIGENCE |
- |
||
|
TOTAL NUMBER |
91 |
||
Data Source: Banggai
Police
Based on table IV above, AKBP Ade Nuramdani as Banggai Police Chief
(interview on July 7 2023) explained that in 2020
there were 34 cases of domestic violence in the form of physical violence, 4
cases of psychological violence, and domestic violence. amounting to 10 cases.
In 2021, there were 32 cases of domestic violence in the form of physical
violence, zero cases of psychological violence, and 3 cases of domestic
violence. In 2022, there will be 7 cases of domestic violence in the form of
physical violence, with zero cases of psychological violence and domestic
violence. So in the 3 years in the table above for forms of domestic violence
in the form of sexual violence there were no cases at all in the Banggai Regency area (Samatan, 2023). Thus, the average act of domestic violence in the
above 3 years is in the form of physical violence in cases of domestic
violence.
Factors that cause Domestic Violence
Women are almost universally taught to keep family
matters private in almost all countries (Keen, 2010). If the family secret was revealed, it would be a
shame. Therefore, even if a wife or woman is a victim of harassment, she
usually chooses to remain silent and hide the problem. Mahar (dowry), a culture
of honesty, the instillation of the concept that the wife is the property of
the husband, and other factors that men basically view as the cost of
purchasing a woman, are all seen as supporting this belief. Once married, a
woman is considered to have been bought, and therefore, she is accepted as
normal because the man is free to treat her as he pleases.
Due to its massive impact on women's lives and
society at large, violence against women has attracted much attention. An
indication of an unequal power relationship between men and women is violence
against women (Sikweyiya et al.,
2020). This causes men, especially husbands, to dominate
and discriminate against women, namely wives, in the home or family.
Based on the results of an interview with Mr. AKBP AKBP Ade Nuramdani as Banggai Police Chief (interview on 7 July 2023) that
continuous emotional outbursts are manifested in the form of domestic violence.
Non-physical forms of violence such as cruel words spoken to other family
members and unwanted attitudes and behavior are the first to give rise to this
kind of violence. This pattern continues to occur over time, giving rise to a
buildup of frustration, anger and disappointment which ultimately leads to physical
violence.
Apart from that, efforts to eradicate violent
crimes against women also aim to protect the good name of the family. A society
that has been ingrained for centuries, which requires wives to obey, serve and
submit to their husbands, forces women to remain silent about these actions (Feagin, 2013). The reason for the low number of reports of
domestic violence is because wives are afraid of being threatened with more
serious violence or not being allowed to leave the house or tell anyone about
the situation, especially if they report it to the police.
So according to Mr. AKBP Ade Nuramdani
as the Head of Banggai Police (interview on 7 July
2023) that with the rise of domestic violence, at Banggai
Police there is a section that handles this problem, while the one in charge of
the Domestic Violence section is the PPA IV (Protection of Women and Children)
section which consists of 7 people, consisting of 1 Kanit
(Head of Law Enforcement Unit) & 6 Investigators. The jobdes
in the PPA IV section itself refers to the National Police Chief's regulation No.Pol: 10 of 2007, where the task
of the PPA unit is to protect women and children who are victims of crime and
the legal system by offering services.
Furthermore, based on the results of an interview
with Mr AKBP AKBP Ade Nuramdani as Banggai Police Chief
(interview 7 July 2023) that the factors that influence the incidence of
domestic violence are:
Economic factors,
The economic aspect is the dominant cause of
violence against women compared to education, especially in the Banggai Regency area, indicated by the perpetrators who are
generally unskilled and casual workers who do not have a fixed income, this has
a big influence on the level of household prosperity.
Conflicts between couples often start over money.
It makes sense that household finances and the economy have a significant
impact on daily life (Yogasnumurti,
Sadalia, & Irawati, 2021). One cannot thrive without money, especially if
they are part of a larger family.
Income that is not enough to support the household
often creates commotion between husband and wife. Especially if the main
breadwinner is the husband. Quarrels can also arise when the husband no longer
works, for example due to termination of employment. Apart from that, the high
cost of living demands problems which often end in domestic violence.
Social Media Factors.
In this modern era, social media is no longer
taboo. Almost everyone uses social media which can now be accessed using a
smartphone. Social media creates a new world, namely what is often referred to
as cyberspace. In fact, people now tend to feel more familiar and close to
their cyber friends than to the people around them (Deibert, 2015). Social media is also often misused, such as the
emergence of illicit relationships within a household, whether by a wife or a
husband.
Social media makes a person become closed and
instead becomes open with his virtual world friends (Utz &
Jankowski, 2016). Establishing communication that creates comfort
with his virtual world friend and an affair occurs. Prohibiting your partner
from holding a cellphone, creating passwords or passwords that your partner
doesn't know, often triggers heightened emotions in the household and can even
lead to domestic violence. Having fun playing social media makes someone
neglectful of their work. For example, a wife becomes lazy, engrossed in her
cellphone and doesn't even take care of her children and husband. So arguments and quarrels arise, which even if they continue
can result in the husband beating his wife.
Infidelity Factor (Third Person).
The presence of a third person in a household can
damage and destroy the household. Infidelity and poor communication are one of
the causes of infidelity. Even if a man or husband is allowed to have more than
one wife according to marriage law and the Compilation of Islamic Law, they
must be able to meet a number of standards that have
been determined fairly. However, there are many examples where a married man
has a husband and wife-relationship with different women (Nawaz, Kiran,
Shabbir, & Zamir, 2022). After the affair, there were a
number of arguments and, in one case, abandonment. Quarrels between
partners can also result in the husband physically abusing his wife. There must
be a logical reason to file for divorce and a valid reason for doing so.
Drug Use Factors.
Drugs are one of the haram goods that can damage a
person physically, mentally and even in family relationships. Drug users have
emotional instability and a reduced sense of affection for partners, children
and family. Unstable emotions cause a person to have a bad or inappropriate way
of communicating, which may give rise to disputes and commotion between husband
and wife.
Addiction to drugs can also make someone desperate
to do anything to consume these illicit goods. Extortion, theft, or even
threatening a partner or wife to get money to consume drugs. The high desire
and inability to purchase, make the addict angry. One outlet for his anger is
his partner, namely his wife. A wife who is dominant with her weaknesses tends
to be unable to resist the perpetrator's treatment, and violence is often
inevitable.
However, there are many examples where a married
man has a husband and wife relationship with different
women. After the affair, there were a number of
arguments and, in one case, abandonment. The emergence of arguments can also
lead to physical violence by the husband towards his wife. The factor is that
they often fight with their husbands, and women attack their husbands first.
Don't forget to also explain that AKBP Ade Nuramdani as Banggai Police Chief
(interview 7 July 2023) explained that domestic violence is a crime that
degrades human dignity apart from being limited to acts of violence against
women or children. It is very important to stop and prevent acts of domestic
violence that go beyond the law, and law enforcement officials must take a
leading role in this effort. Things that can be done are:
a.
Pre-emptive
Efforts.
In particular, early intervention initiatives aim to prevent acts of
domestic violence that bypass the law by setting standards or values for each
individual or community. Things like education and socialization will be
beneficial. For example, providing education to the public about the dangers of
domestic violence, especially to the people of Luwuk
City, Banggai Regency, and especially to newly
married couples, who are very vulnerable to arguments or conflicts that lead to
crime.
b.
Preventive
Efforts
This is an effort to complement the preventive
efforts that have been carried out previously which are still in the preventive
stage. The focus of preventive efforts is to eliminate opportunities for
criminal acts to occur. Such as the creation of the Luwuk
City P2TP2A rapid reaction team, which is working to resolve various violence
and sexual problems in Luwuk City and developing laws
or regulations regarding the elimination of domestic violence. The same thing
is also implemented, especially in Luwuk City, but
the Banggai Luwuk City
Police often experience a number of difficulties in
doing this. Because the government and police try to educate the public about
the law, sometimes they take this matter for granted and don't see it as a big
problem. However, this does not dampen the enthusiasm of the local government
and police to continue providing education to the people of Luwuk
City; The aim is to make everyone aware of the law so that they are afraid of
doing things that are prohibited, such as committing domestic violence.
c.
Repressive
Efforts
This is what is called a prosecution effort, an
effort to eradicate criminal acts that have already occurred. Namely making
arrests, examining crime scenes, carrying out investigations, and taking firm
action in accordance with the actions of perpetrators of domestic violence
crimes within the scope of the Banggai Resort Police.
If the perpetrator is proven to have used violence,
appropriate legal action will be taken. However, in order to
maintain family peace, the perpetrator must prioritize considering the benefits
of both parties.
CONCLUSION
Based on the study of domestic violence (DV) in Banggai Regency, Central Sulawesi Province, it was
concluded that DV is significantly prevalent, manifesting in forms such as
physical violence, psychological violence, sexual violence, and domestic
neglect. Effective interventions are necessary due to the high prevalence. The
existing legal frameworks, though comprehensive, require better implementation
and coordination, and the Law on the Elimination of Domestic Violence needs
improved practical application in its provisions for prevention, protection,
and victim recovery. Stakeholders, including law enforcers, health workers,
social workers, volunteers, and religious leaders, show varying degrees of
responsiveness, highlighting the need for enhanced training and guidelines.
Preventive efforts by the Minister for women's empowerment have had some
impact, but more comprehensive initiatives are required. Factors triggering DV
include internal factors like economic issues, infidelity, lack of education
and legal knowledge, disobedient wives, and uncontrolled emotions, as well as
external social and cultural factors. There is a clear need for drafting a more
explicit and firm law on DV elimination, prioritizing victim protection and
education on human dignity violations. The study emphasizes the importance of
localized approaches tailored to the unique social and cultural dynamics of Banggai Regency for effective DV prevention and victim
support.
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|
Dri Sucipto, Oman Sukmana, Wahyudi, Vivian Nova
(2024) |
|
First publication right: Asian Journal of Engineering, Social and Health
(AJESH) |
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under: |