PROTECTION AGAINST WOMEN TROUGH THE ACT OF DOMESTIC VIOLENCE

PROTECTION AGAINST WOMEN
THROUGH THE ACT OF DOMESTIC VIOLENCE:

Domestic Violence (domestic violence) has become a common agenda in recent decades. The evidence suggests that domestic violence affects large enough for a woman as victim.
[1] World Health Organization (WHO) in its first World Report on "Violence and Health" in 2002, found that between 40 to 70 percent of women who die due to homicide are killed by current or former partners.

[2] of the United Nations Special Report on Violence Against Women defines domestic violence in the frame of gender as "violence committed within the scope of household with primary targets against women because of its role in the circumstances; or violence which is intended to provide a direct and negative effect on women within the scope of the household. "
[3] The significance of using gender as a basis of analysis is that it forces a paradigm shift from domestic violence with the following observation: "Instead of asking why the men beat, there is a tendency to ask why the women keep silence."
[4] gendered analysis compels us not only menany women occurs and is accepted by many societies. Restructuring the question is important in legal reform, especially from the perspective of justice and human rights (human rights). The key to understanding domestic violence from a gender perspective is to appreciate that the root cause of violence lies in the unequal power relations between men and women who happen to male dominated society. As presented by Sally E. Merry, "Violence is ... a sign of the struggle for the maintenance of certain fantasies of identity and power. Violence appears, in this analysis, as gender sensitivity and gender. "
[5] Domestic Violence (domestic violence) committed particularly against women by their partners or family members nearby, sometimes also a problem that was never raised to the surface. Although awareness of the experience of violence against women take place at any time, the phenomenon of domestic violence against women identified with the nature of the problems the private sphere. From this perspective, violence can be seen as a personal responsibility and women is defined as the person responsible both for improving the situation really dictated by social norms or developing an acceptable method of suffering that is not visible.

A basic understanding of domestic violence as a personal issue has limited the extent of legal solutions to actively resolve the issue. In most societies, domestic violence has not been accepted as a form of crime. However, as a result of feminist advocacy within the scope of international human rights, social responsibility towards domestic violence has been gradually recognized most of the countries in the world.

Domestic violence often use harsh coercion to create the power relationships within families, where women are taught and conditioned to accept the low status of her own. Domestic violence will show that women are better to live under the mercy of men. It is about men, with low self-esteem, destroys a woman's sense of self worth because they feel unable to cope with a woman who can think and act as a free human being with a mind of her own. As with rape, beating of wife became public and became a very difficult situation for women in every nation, caste, class, religion or region.

At the international level, violence against women was viewed as a frame of crime against women's rights and fundamental freedoms and the destruction and removal of their freedom against the rights attached to him. This becomes a challenge in achieving equality, development and peace are recognized in the Nairobi Forward-looking Strategic for the Advancement of Women [6], which recommends a set of measures to combat violence against women. The recommendations are charged to the Government as the legal and moral obligation to eliminate domestic violence through a combination of various means.

Domestic violence is a problem that has been rooted very deep and occurs in all countries of the world. In this case, the international community has created an effective and legal standards specifically address domestic violence. Of battered women, for example, has been included in the international and regional human rights conventions that are legally binding on countries that have ratified it. International human rights documents include, the Universal Declaration of Human Rights ("UDHR"), the International Covenant on Civil and Political Rights ("ICCPR"), and the International Covenant on Economic, Social and Cultural Rights ("ICESCR") is the standard General on Human Rights, where the victims of domestic violence to sue their respective countries. [7]

Various pertistiwa domestic violence has shown that the state has failed to adequately address their grievances. Then the state may apply sanctions if the country is a member of the international instruments as mentioned earlier. The same can also be done under the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") together with its Optional Protocol, and also through the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT") . Likewise, a regional instrument to provide protection to women victims.

The European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR"), the American Convention on Human Rights ("ACHR"), together with the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (" Inter-American Convention on Violence Against Women "), and the African Charter on Human and Peoples' Rights (" African Charter ") is the main regional human rights document that can be used as the basis for victims of domestic violence.

Negative effects of domestic violence also varied and are not only family relations, but also against members of the family is in it. In the case of serious physical and psychological injuries directly suffered by female victims, continuing and endemic nature of domestic violence limits women's opportunities to gain equal rights in law, social, political and economic in the midst of society. Regardless of the victimization of women, domestic violence also resulted in a family relationship breakdown and children who then can become a source of social problems.

Violence among those who have a close relationship, as already described above is one major problem in Indonesia, as well as around the world including India. One common approach to overcome this problem to look to the law. Thus, women's advocates both in Indonesia and in India to be with doing repairs sought legislative and policy measures that criminalize domestic violence.

This study memeberikan focus on the issues of protection of women through the Domestic Violence Act in developing countries, namely Indonesia and India. Description and comparative analysis presented for the legal solution of the problem. The study found that people in a country provides an enormous influence in the manufacturing process of Domestic Violence Act, in which between India and Indonesia have a different characteristic to defining domestic violence. For example, India named her as the Act on Protection of Women from Domestic Violence Act, 2005, while Indonesia mentioned it to the Elimination of Violence in Household Act, 2004.

Further, India knows "dowry" and "sati" as a domestic violence-specific, while Indonesia is not about both. However, Indonesia has a very broad definition to overcome all forms of acts of domestic violence. Finally, this study tries to provide some input in order to address one of this violence is significant.

In order to make it easier to understand this research is easy, then the paper has been presented by making some parts separately.
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