Problems faced by women dealing with the law
- Law enforcement officials do not yet have a gender perspective, for example women victims who are often seen as the cause or opportunity for criminal acts
- Women who become victims often experience re-victimization, for example when examining victims, they face questions that often corner, ensnare and abuse women and victims have to recount events they have experienced continuously so they feel tired, depressed and depressed
- Criminal Procedure Norms which are still oriented to the rights of suspects and defendants, for example in the settlement of criminal cases, the law still focuses on the rights of suspects / defendants while the rights of victims are neglected.
- The identity of women victims is often still published through mass media coverage, for example the identity of women in conflict with the law, especially victims listed in judges’ decisions, are often published which results in victims who have experienced suffering more stigma as a result of their identities being exposed to public spaces that can be accessed many people.
- The female victim is examined simultaneously with the defendant, this can cause the victim to feel traumatized, not dare to testify in court, receive violence again, receive threats from the perpetrator or other people.
- Often women who are faced with the law are not accompanied by a companion and / or legal advisor, women as victims are often deemed not to need legal assistance and / or advisors, and still often women are accompanied by legal advisors on a regular basis so that they do not receive legal assistance. maximum.
Several obstacles in fulfilling the rights of women in conflict with the law in court
- Limited knowledge of legal rights such as lack of access to information, many PBHs do not know what their legal rights are or how PBH can defend their rights, especially in terms of getting compensation for crimes that befell them.
- Threats, pressure and stigma against Women Victims, Witnesses and Parties, as well as fears of repeated violence perpetrated by perpetrators so that PBH is afraid to testify
- Financial limitations, many BPH are victims and the litigants do not have the financial resources to bring their cases to court.
- Accountability and transparency, motivated by unaccountable and transparent judicial procedures
- Limited access to a companion and / or legal advisor, usually found in cases of domestic violence, in this case the perpetrator gets legal counsel while the victim does not because they are unable to get it, other than that the victim’s rights have not been fulfilled to get assistance outside the law.
- Language / Communication Barriers, in this case Women Dealing with the Law who cannot speak Indonesian will find it difficult to understand and convey information in the trial process
- Physical and / or mental barriers, in this case women in conflict with the law have physical limitations and / or facilities that are in accordance with their particular needs
- Distance and Transportation Constraints, in the event that the court is located in a City / Regency which is far from the domicile
- Other practices of Law Enforcement Officials and community members that obstruct access to justice for women in conflict with the law who come from certain minority and ethnic groups.
Definition of Judicial Practice
Gender bias: Behaviors based on stereotypes of masculinity and femininity which ultimately have an impact on the benefits of men and disadvantages of women. Usually occurs in judicial practice which is motivated by the behavior or decisions made by APH (Law Enforcement Officials) in carrying out their duties.
Here are some things from forms of gender bias, namely:
Men as Family Heads and Livelihood Seekers
It is motivated by a social construction in society that places men as the head of the family and the breadwinner so that it is often used as a basis for consideration for lighter sanctions.
Blaming Victim (Victim Blaming)
Usually it can be found in cases of sexual violence where women are often the victims who are blamed for the way they dress, behave, are in the wrong place and time or do not fight back as well as women divorce cases are often blamed as the cause of divorce.
It is motivated by the social construction in society that places women as a party that is very dependent on men economically and / or psychologically so that it can influence the solution provided by Law Enforcement Officials, for example in terms of giving light sanctions to perpetrators.