scholarly journals The need for changes in administrative law from the aspect of prevention of domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 11-15 ◽  
Author(s):  
Natasa Mrvic-Petrovic
Keyword(s):  
Domestic Violence ◽  
Legal Protection ◽  
Administrative Law ◽  
Penal System ◽  
Prevention Measures ◽  
Protection Orders ◽  
Domestic Violence Victims ◽  
Protective Orders ◽  
The Republic ◽  
And Function

The author points out some practical consequences of non-coherence of penal system such as: incomplete legal protection of domestic violence victims and inefficiency of prevention measures regarding domestic violence. Therefore author advocates for changes of administrative law of the Republic of Serbia. Those changes will, on one hand, clarify conception, place and function of misdemeanor in the penal system and, on the other hand improve protection of domestic violence victims. This second goal could be achieved through new misdemeanor offences (applicable to cases of domestic violence and broader, to people living in the same household), and new protective orders, which could be imposed individually or as supplementary to existing penalties. The content of protection orders should be a warning to a perpetrator or supervision of his behaviour.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DALAM SISTEM PERADILAN PIDANA DI KOTA JAMBI

2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Protection Theory ◽  
The Republic ◽  
The Government ◽  
Victims Of Violence ◽  
Husband And Wife

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System

scholarly journals The importance of understanding the victims’ ‘reality’ of domestic violence

2018 ◽  
Vol 44 (1) ◽  
pp. 11-16 ◽  
Author(s):  
Patricia Easteal ◽  
Lorana Bartels ◽  
Reeva Mittal
Keyword(s):  
Domestic Violence ◽  
Emotional Abuse ◽  
Policy Reform ◽  
Small Sample ◽  
Long Term Effects ◽  
Protection Orders ◽  
Domestic Violence Victims

We argue that unconscious assumptions may filter out the diverse ‘realities’ of domestic violence victims. Despite legal and policy reform, it seems that these biases may continue to affect how relevant legislation is applied and interpreted. We examine a small sample of sentencing remarks in recent Queensland domestic violence order breach cases to illustrate the importance of judicial officers’ awareness of the seriousness and harm of psychological or mental abuses – the victims’ ‘reality’ of domestic violence. We conclude that sentencing for domestic violence offences and breaches of protection orders needs to be underpinned by knowledge of the long-term effects of emotional abuse.

scholarly journals Fear or failure: Why victims of domestic violence retract from the criminal justice process

2016 ◽  
Author(s):  
Lillian Artz
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Research Unit ◽  
Western Cape ◽  
Legal Process ◽  
Protection Orders ◽  
Domestic Violence Victims ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Second Tier

In 2008/9 MOSAIC,with the assistance of the Gender, Health & Justice Research Unit (UCT), embarked on research that sought to identify the factors that contribute to domestic violence victims withdrawing from the legal process before they finalise protection orders (POs) applied for under the Domestic Violence Act (DVA). This study was based on the 2008 work of this author who, in partnership with MOSAIC, interviewed 365 domestic violence victims in the Western Cape about their engagement with and retraction from the criminal justice process.The second tier of this project – reported on here – emerged with more focused interview schedules and the addition of eight jurisdictions from which the sample was drawn. The findings from this study were extensive and pointed to a range of personal, systemic and structural reasons why Domestic Violence Act [DVA] applicants disengage from the criminal justice process. This article will limit its focus on three areas that are relevant to the decision by survivors to withdraw their applications for protection orders: the history and severity of violence, deadly threats, and key findings relating specifically to experiences of DVA applicants with the courts.

scholarly journals Public prosecutor as the agency of protection of domestic violence victims in the legal system of Serbia

Temida ◽  
2018 ◽  
Vol 21 (2) ◽  
pp. 293-313
Author(s):  
Gorjana Mircic-Calukovic ◽  
Emir Corovic
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Family Law ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Domestic Violence Victims ◽  
Legal Texts ◽  
The Republic

This paper examines the role of a public prosecutor in the protection of domestic violence victims in the legal system of the Republic of Serbia. Prior to the analysis of relevant provisions of the laws referring to the authority and competences of the public prosecutor in relation to the protection of domestic violence victims, the term ?victim? in the legal system of Serbia is defined. The term ?victim? is commonly used in the legal texts, but it is not defined; thus, it is necessary to specify certain aspects of this term. In the analysis of certain legal provisions, the focus is on some of the most significant criminal, misdemeanor and family law institutes, as well as on the provisions of the Law on the Prevention of Domestic Violence, which could affect the role of the public prosecutor in prevention of domestic violence and protection of its victims. In the final part the authors propose certain solutions which should enhance implementation of existing mechanisms available to the public prosecutor in practice, which could contribute to better protection of domestic violence victims.

scholarly journals PROSPEK OMBUDSMAN REPUBLIK INDONESIA DALAM RANGKA MEMPERKUAT PELAKSANAAN EKSEKUSI PUTUSAN PERADILAN TATA USAHA NEGARA

2014 ◽  
Vol 3 (2) ◽  
pp. 163
Author(s):  
Enrico Simanjuntak
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Good Governance ◽  
Legal Protection ◽  
The Public ◽  
The Republic ◽  
And Function

The position and function of Administrative Court so weak that the verdict is much neglected. Referring to the approach of the legal system, where the Administrative Court and Ombudsmen of Republic of Indonesia (ORI) equally aims to promote good governance and ensure the legal protection of the public from the actions of public administration law, the ORI is possible to be handed the duties and responsibilities as independent executor PERATUN decision. In the meantime, the Ombudsmen should be given the authority to promote, supervise and impose sanctions against the defendant who is not willing to implement the decision PERATUN or against other parties who obstruct the implementation of the decision PERATUN. Keywords: Administrative Court, Ombudsmen of the Republic of Indonesia, Independet Executor.

scholarly journals Istanbul Convention, Honour Killings and Turkey’s Experience

2021 ◽  
Vol 21 (1) ◽  
pp. 79-99
Author(s):  
Ulviyya Mammadova ◽  
Kristi Joamets
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Protection ◽  
Legal Issue ◽  
Prevention Measures ◽  
Gender Based Violence ◽  
Effective Prevention ◽  
Domestic Violence Against Women ◽  
Gender Based ◽  
Istanbul Convention

Summary The problem of domestic violence against women (DVAW) is a global concern and pivotal point which is still waiting for necessary radical measures to prevent it. Honour related violence is a phenomenon and special form of domestic violence against women that affects every country. For decades, honour killings have been a topical legal issue in Turkey. This article highlights the positive changes of Turkey’s legislation after ratification of the Istanbul Convention, which provides legal protection and prevention measures to help women and their families and shows how important it was for Turkey to implement the Convention in order to prevent these crimes. The authors shed light to the point that Turkey has done much to implement the Istanbul Convention, but male-dominated mentality, still hampers the effective prevention of gender-based violence. Article analyses the importance of the Istanbul Convention in Turkey through the “Unjust Provocation” concept and Law No. 6284 which was adopted by Turkey after ratification of the Convention.

scholarly journals Perlindungan Korban Kekerasan Dalam Rumah Tangga Dalam Hukum Pidana Indonesia

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
La Jamaa
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Protection ◽  
District Court ◽  
Research Results ◽  
Temporary Protection ◽  
Domestic Violence Victims ◽  
The Law

Abstract: The protection of Domestic Violence Victims in the Indonesian Criminal Law. The existence of the Law No. 23 Year 2004 on the Elimination of Domestic Violence are expected to provide legal protection for victims of domestic violence (KDRT) significantly. The form of protection regulated in this Act is the temporary protection of the police, the courts and the protection of victims in the placement of "safe houses". However, research results through both District Court and informants, suggests that a form of protection of domestic violence victims are still dominant through repressive measures (sentence of imprisonment) to the perpetrators, while the protection of temporary and permanent protection of the court was unnoticed. Abstrak: Perlindungan Korban Kekerasan dalam Rumah Tangga dalam Hukum Pidana Indonesia. Keberadaan Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga diharapkan mampu memberikan perlindungan hukum bagi korban Kekerasan Dalam Rumah Tangga (KDRT) secara signifikan. Bentuk perlindungan yang diatur dalam Undang-undang ini adalah perlindungan sementara dari kepolisian, perlindungan pengadilan serta penempatan korban di “rumah aman”. Namun hasil penelitian baik melalui putusan Pengadilan Negeri maupun informan, menunjukkan bahwa bentuk perlindungan korban KDRT masih dominan melalui tindakan represif (hukuman pidana penjara) kepada pelaku, sedangkan perlindungan sementara dan perlindungan tetap dari pengadilan kurang diperhatikan DOI: 10.15408/jch.v1i2.1467

scholarly journals Protection To The Victims of Domestic Violence Crime (Case Study In Kudus Police)

2018 ◽  
Vol 1 (4) ◽  
pp. 927
Author(s):  
Cipto Cipto
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Family Violence ◽  
Legal Protection ◽  
Domestic Violence Victims ◽  
The Law

�Family violence or who is often called it with domestic violence is a universal problem faced by a country. This research to know and analys the application of the law and protection to victims of criminal acts of domestic violence, as well as the barriers and solutions in the protection of victims of domestic violenceThis research using empirical juridical approach or commonly referred to as the Juridical Sociological. The research is specified as descriptive analytical research.The results of this study are (1) a form of protection of domestic violence victims temporary and permanent protection of the court less attention. (2) Barriers in Implementing Law Enforcement Protection of Victims of Domestic Violence, namely: a. Domestic violence is often not reported to the police, because the victims felt shame; b. If the case had no complaints are often the victim withdraws the complaint and intends to settle the case in family. The conclution in this research that the legal protection for victims of domestic violence according to Act No. 23 of 2004 on the Elimination of Violence in the household is necessary. Obstacles of domestic violence is often not reported to the police. If the case has a complaint often the victims withdraw their complaint and intend to settle cases in a family manner.Keywords: Legal Protection; Victims of Domestic Violence.

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