Breaking the Silence: Addressing Domestic Violence in Indonesia

Introduction

Domestic violence remains one of the most pressing human rights issues in Indonesia. Between January and September 2023, authorities recorded around 18,000 cases of violence, with women accounting for 16,000 of the victims (La Trobe University, 2024). Despite legal reforms aimed at curbing gender-based violence, domestic abuse persists due to systemic legal shortcomings, cultural stigmas, and inadequate protection mechanisms for victims.

The Indonesian government has enacted several legal measures, including the 2004 Law on the Elimination of Domestic Violence, yet enforcement remains inconsistent (La Trobe University, 2024). Many victims face barriers in accessing justice, including fear of retaliation and societal and institutional bias, both within police forces and in justice courts. This article explores the legal framework surrounding domestic violence in Indonesia, the challenges victims encounter, and the necessary actions to ensure better protection and justice.

The international legal framework: Indonesia’s obligations

Indonesia ratified several international treaties that address violence against women, most notably the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Adopted in 1979 by the UN General Assembly, CEDAW defines ‘discrimination against women’ and sets up an agenda for national action to end such discrimination. By accepting the convention, states commit themselves to undertake measures to end discrimination against women in all forms, including incorporating the principle of equality in their legal systems, adopting legislative measures prohibiting discrimination against women, and ensuring effective protection through competent national tribunals and other public institutions.

While CEDAW does not explicitly mention violence against women, the CEDAW Committee has clarified that gender-based violence is a human rights violation and a grave form of discrimination prohibited under international law (OHCHR, 2022). However, the effectiveness of these international frameworks depends on their incorporation into national legislation and the commitment of the state to enforce them. Strengthening alignment between Indonesia’s domestic laws and international human rights standards is essential to effectively combat domestic violence.

The National Legal Framework: Progress and shortcomings

Indonesia’s main legislative response to domestic violence is the 2004 Law on the Elimination of Domestic Violence, which criminalises physical, psychological, sexual, and economic abuse within households. However, the law has been weakly enforced, and the vast majority of domestic violence cases are resolved via informal mediation at the village level, regarded as a private matter (La Trobe University, 2024).

In 2022, the government passed the Law on the Elimination of Sexual Violence to address broader forms of gender-based violence, marking another step forward in strengthening protections for women and vulnerable groups. In particular, the law introduces a more comprehensive description of the crime of sexual violence and provides specific rights for victims. Nevertheless, while this law marks progress, women and children in Indonesia remain highly vulnerable to violence and abuse (Susanti, 2023).

Barriers to Justice and Support for Victims

Despite legal protections, survivors of domestic violence in Indonesia face numerous obstacles in seeking justice. One major barrier is societal attitudes that normalise domestic abuse and discourage women from reporting violence (La Trobe University, 2024).

Reports indicate that police officers frequently dismiss domestic violence complaints, thus proving that law enforcement agencies are also biased against domestic violence (Laras, 2023). This reluctance to intervene often leaves victims vulnerable and discourages them from pursuing justice. When cases are brought to court, sentences for offenders tend to be lenient, failing to act as an effective deterrent. A study analysing Indonesian court judgements found that the criminal justice system remains heavily perpetrator-orientated, with judges regarding domestic violence as a less serious offence and not adequately considering victims’ rights (Abdurrachman, 2018). This results in a culture of neglect toward victims within the criminal court system (Abdurrachman, 2018).

Additionally, shelters and support services for survivors are critically insufficient. Government-run shelters are scarce, forcing victims to rely on non-governmental organisations for assistance (La Trobe University, 2024). This lack of resources leaves many survivors without a safe refuge, heightening their risk of continued abuse. To address this gap, initiatives like the UN Population Fund’s (UNFPA) program in Central Sulawesi have been implemented. This programme trains healthcare providers to identify and respond to both physical and psychological signs of domestic violence, aiming to enhance support for victims (UN News, 2023).

Impact on Women’s Workforce

Domestic violence has far-reaching consequences that extend well beyond the private sphere, infiltrating workplaces and impacting the productivity, safety, and well-being of working women. In particular, women who become primary earners face domestic abuse driven by resentment over perceived subversion of traditional gender roles. This backlash can manifest as controlling behaviour, physical violence, and psychological abuse, as men attempt to reassert dominance within the household (HRW, 2024).

To address this crisis, it is imperative to recognise domestic violence not only as a social or health problem but as a labour rights issue that requires attention. This includes integrating domestic violence protections into workplace policies, fostering a culture of safety and empathy, and equipping employers with the tools to provide meaningful support, such as flexible work arrangements and paid leave (HRW, 2024).

Furthermore, by aligning policies with international labour standards, such as the International Labour Organisation’s Violence and Harassment Convention (No. 190), employers can not only help ensure that women are protected from violence but also take concrete steps toward achieving gender equality in the workforce (HRW, 2024).

Conclusion

Indonesia’s struggle with domestic violence is deeply rooted in legal, social, and institutional challenges. While legislative efforts have been made, enforcement gaps, societal stigma, and inadequate victim support systems hinder meaningful progress.

To address this crisis, the Indonesian government must strengthen the enforcement of domestic violence laws through police and judicial training, increase funding for shelters and victim support services, and promote public awareness campaigns to challenge cultural norms that perpetuate domestic violence.

The international community and local human rights organisations must continue to advocate for stronger protections and provide resources to support survivors. Without immediate action, domestic violence will remain a widespread human rights violation in Indonesia, hindering progress toward gender equality and negatively impacting societal well-being.

Bibliography

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