Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)

Legal Protection of Wife as a Victim of Sexual Violence from Positive Law and Human Rights Perspective

Authors
Luthfiyyah Amalina Husna1, Muchamad Iksan2, Arief Budiono3, *
1,2,3Law Science Department, Universitas Muhammadiyah Surakarta
*Corresponding author: Email: ab368@ums.ac.id
Corresponding Author
Arief Budiono
Available Online 9 May 2022.
DOI
https://doi.org/10.2991/assehr.k.220501.018How to use a DOI?
Keywords
Legal Protection; Sexual Violence; Wife; Positive Law; Human Rights
Abstract

This research was conducted based on violent incidents often experienced by women in the domestic sector. As wives, women are often forced to undergo various obligations, while their rights are often neglected. Domestic violence is not a new event for Indonesian people, one of which is sexual violence in the household. However, sexual violence is a form of crime that has not received enough attention. In this case, the husband forces the wife to fulfill his sexual desires outside of her will. The wife is often positioned not as a subject who has an equal position with her husband, but rather as an object to satisfying desires. Therefore, the problem formulation in this research is how to protect the wife as a victim of sexual violence from the perspectives of positive law and human rights. This study aims to determine the legal protection for wives as victims of sexual violence from the perspectives of positive law and human rights. In answering this issue, the researchers conducted research using the normative juridical approach with a descriptive research type. The research data was sourced from secondary data, obtained from library research. Then, the data is analyzed using the qualitative method with a deductive way of thought. Hence, the results revealed that women must be protected from sexual violence anytime and anywhere, including at the home, because women are the same legal subjects as men. Wives are protected by laws and regulations supported by law enforcement agencies and other agencies that work together to provide appropriate protection to victims. In addition to government support and regulations, this issue also demands legal awareness of individuals.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
9 May 2022
ISBN
978-94-6239-574-9
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.220501.018How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Luthfiyyah Amalina Husna
AU  - Muchamad Iksan
AU  - Arief Budiono
PY  - 2022
DA  - 2022/05/09
TI  - Legal Protection of Wife as a Victim of Sexual Violence from Positive Law and Human Rights Perspective
BT  - Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
PB  - Atlantis Press
SP  - 163
EP  - 168
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220501.018
DO  - https://doi.org/10.2991/assehr.k.220501.018
ID  - Husna2022
ER  -