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States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut Jul 2022

States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut

Indonesian Journal of International Law

In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting …


Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi Mar 2022

Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi

The Indonesian Journal of Socio-Legal Studies

The complexity of the digital era, especially throughout the COVID-19 pandemic, has led to increasing cases of gender-based violence online (GBVO). However, this issue has not yet received attention in the realm of Indonesian law, especially when it comes to protecting the rights of the victims. This paper aims to see how the current legal framework in Indonesia handles GBVO cases and whether it is sufficient to provide protection for victims. This paper also wants to show that the practice of GBVO is often more detrimental to women through the elaboration of several examples of cases that are widely discussed …


Another Second Chance: Rehabilitation Of Marital Rape Offender For The Victim’S Recovery, Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana Mar 2022

Another Second Chance: Rehabilitation Of Marital Rape Offender For The Victim’S Recovery, Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana

The Indonesian Journal of Socio-Legal Studies

Not all victims of marital rape want a divorce, generally victims long to maintain their marriage and for the perpetrators to correct their own behaviors. Victims are also bound to the strong culture that condones sexual relations without consent as long as it is carried out within the framework of a legal marriage. This study aims to demonstrate the importance of rehabilitation for offenders of marital rape by examining various laws and regulations in Indonesia and the obstacles to their implementation. Methodologically, data were obtained from doctrinal studies of Indonesian law and court decisions related to marital rape and empirical …