Shafiyah Rahmah
 |
| Women's Protection System in Indonesia and Malaysia |
Feminist
Society Indonesia — Article 1 of UDHR said that all human
beings are born free and equal in dignity and rights. In this context, humans
in the world essentially have the same dignity without any discrimination or
exceptions. Basically, women's rights are the same as men's rights;
women have the same rights as a man gets his rights. But lately, many gaps have
been received and experienced by women in the world in achieving their rights.
According to KOMNAS
Perempuan, there are approximately 15 types of violence received by women in
observations with a period of 15 years (1998-2013). As stated in the Press
Release: Report on the Synergy of the Violence Against Women Database in 2023,
released on 12 August 2024, this report shows that the total cases of violence
against women based on data from the three institutions (Ministry of Women's
Empowerment and Child Protection, National Commission on Violence against Women,
and Forum Pengada Layanan) have reached 34. 682 by 2023, with Simfoni PPA
recording 26,161 cases, Sintas Puan Komnas Perempuan recording 3,303 cases, and
Titian Perempuan FPL recording 5,218 cases in Indonesia, with
different age ranges of sexual violence victims.
In Malaysia, based on
data from Polis Diraja Malaysia, there were 21,366 cases of crime throughout
2017 with a detailed case of 14,128 robberies, then cases of injury to others
as many as 5,024 and followed by rape cases as many as 1,835 cases. And most
victims are girls or women, as well as young women. Internationally,
fundamental rights for women are regulated in the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW). The UDHR also regulates
the fundamental rights of human beings, but the declaration does not
distinguish between the rights of women and men; all human beings have the same
rights and status in achieving their basic rights as long as they live in the
world.
A huge barrier in
combating violence against women, especially domestic violence, is that often
victims feel trapped in a situation of fear and stigma. Many women do not
report the violence they experience for fear of retaliation, shame, or lack of
social support. In most cases, deep-seated cultural norms and patriarchal views
make matters worse, making it difficult for women to feel as though the
violence they receive is normal or that they don't have the power to fight
back. In addition, a lack of awareness about their rights and a lack of access
to legal protection mechanisms are complicating factors that further exacerbate
this situation. For this reason, it is important to understand how countries
such as Indonesia and Malaysia are addressing this issue through the
enforcement of existing laws, as well as how the legal systems in both
countries seek to provide better protection for women victims of violence.
These
two countries certainly have different legal approaches in handling cases of
violence against women, one of which is because these two countries have
different legal systems. Malaysia is a Commonwealth nation and adheres to the
Common Law legal system, while Indonesia adheres to the Civil Law system
because it adopted the Dutch legal system. In a
Common Law system, such as Malaysia's, judges have an important role in
developing the law through precedent and interpretation of previous cases. In
contrast, in a Civil Law system, such as Indonesia's, the law is largely
determined by written statutes and comprehensive legal codes. This difference
affects how the law is applied and interpreted in cases of violence against
women in both countries.
In other words, Malaysia
is pluralistic in its legal system, integrating Common Law, Sharia law, and
customary legal traditions. Meanwhile, Indonesia also has a pluralistic legal
system that integrates Civil Law, Islamic law, and customary legal traditions.
These differences affect how cases of violence against women are dealt with,
especially in the context of customary law and Sharia law applicable in each
country. These legal system differences also affect the structure of the
judiciary in both countries. Malaysia has a separate judicial system between
civil courts and Sharia courts, while Indonesia has an integrated judicial
system with religious courts handling certain matters in accordance with
Islamic law. These differences affect access and legal procedures for victims
of violence against women in both countries.
You
can also read: Questioning the Existence of Women: The Impact of Ideological, Cultural, and Socio-Economic Structural Hegemony
Indonesia already has
regulations governing violence against women. Among them is the Law on the
Elimination of Domestic Violence (UU PKDRT), Undang-Undang No. 23 of 2004,
which protects women from physical, psychological, sexual violence, and neglect
within the scope of the household. Then the Law on Sexual
Violence (UU TPKS), which was passed in 2022, this law expands the scope of
legally recognized sexual violence, including sexual harassment and
exploitation. The Criminal Code (Kitab Undang-Undang Hukum Pidana) and
KUHAP (Kitab Undang-Undang Hukum Acara Pidana) provide for general criminalization
of violence, although not always specific to gender-based violence. In the Law
Enforcement Mechanism in Indonesia, there are aid organizations that focus on
handling and helping to resolve cases of violence against women. Among them
are: Komnas Perempuan as an independent institution that monitors, reports, and
provides recommendations in cases of violence against women. Integrated
Services was established under the Ministry of Women's Empowerment and Child
Protection (KPPPA), which includes an integrated service center (P2TP2A) for
victims of violence.
Whereas Malaysia, in its
legal framework, has a number of regulations regarding sexual violence,
including: Domestic Violence Act (DVA) 1994, which provides protection to
victims of domestic violence, including physical, emotional, and economic
protection. Penal Code which regulates sexual violence, including rape, sexual
harassment, and child abuse. The Anti-Sexual Harassment
Act 2022 which provides protection against sexual harassment in the workplace
and public spaces. Law enforcement mechanisms in Malaysia include One-Stop
Crisis Centers (OSCC) Service Centers in government hospitals to treat victims
of gender-based violence with medical, legal, and psychosocial services. The
role of Women's Aid Organization (WAO) is a non-governmental organization that
supports victims of violence and pushes for policy reform.
Indonesia and Malaysia
both face the same challenges in the legal response to cases of sexual violence
against women, including a deep-rooted patriarchal culture and victim-blaming
social stigma. This discourages victims from reporting for fear of stigmatization
or retaliation.
In particular, the low
level of public awareness and education about women's rights and gender-based
violence hampers the process of reporting and handling cases. Limited
infrastructure and resources, such as facilities, trained labor, and funding,
are also obstacles to providing maximum services for victims. Inconsistent law
enforcement, including slow investigations and inequitable sentencing, as well
as a lack of technology integration in reporting and data collection, exacerbate
the situation. The different legal systems between the two countries also
affect their approach to handling sexual violence cases. Malaysia,
with its Common Law system, relies on case precedents and judicial decisions as
an important foundation in law enforcement. However, public trials that still
use the Criminal Procedure Code (CPC) make it difficult for victims to prove
their case with the principle of ‘beyond reasonable doubt’ adopted, as well as
lacking the privacy and comfort of victims in court.
On
the other hand, Indonesia applies the Civil Law system, which is oriented
towards written laws. With the passing of the Sexual Violence Crime Law in
2022, Indonesia attempted to improve its handling of sexual violence cases.
However, its implementation still faces major challenges, including
bureaucratic obstacles and corruption that often slow down the legal process.
In addition, the role of non-governmental organizations in supporting victims
differs between the two countries. In Malaysia, organizations such as the
Women's Aid Organization (WAO) are active in supporting victims and pushing for
policy reform. While in Indonesia, institutions such as Komnas Perempuan and
the Integrated Service Centre for Women and Children Empowerment (P2TP2A)
exist, but their presence is often uneven, especially in remote areas.
Local religious and
cultural influences also play a significant role. In Malaysia, Sharia law plays
an important role, sometimes influencing the resolution of sexual violence
cases against Muslim women. Meanwhile, in Indonesia, customary law is often an
obstacle because it favors family settlements over formal legal sanctions. To
face this challenge, all parties need to work together to strengthen the
protection of women victims of sexual violence. Governments of both countries
should commit to improving enforcement of strict and victim-sensitive laws,
providing more resources, and expanding access to support services. Communities
also have an important role to play in combating victim-blaming social stigma
and supporting survivors to speak out and seek justice. With cross-sector
collaboration, we can create an environment that is safer, more inclusive and
respectful of women's human rights. Let's move together to make justice and
protection for women a top priority.
If you are interested in
issues related to gender equality and in-depth discussions about feminism, join
with Feminist Society Indonesia. Feminist Society Indonesia aims to promote
gender equality and women’s rights activism through education and advocacy. To
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Sigit Kamiseno. 2023.
Analisis Perbandingan Sistem Hukum Pidana di Indonesia dengan Malaysia terhadap
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Lala A. Salsabila, Siti
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