Jakarta Globe, Apr 30, 2014
Women rallied at the Hotel Indonesia traffic circle in Central Jakarta to mark International Women's Day, in this file photo taken on March 8, 2013. (JG Photo/Safir Makki) |
Islam does
not forbid a wife from reporting her husband to the authorities for committing
domestic violence (KDRT) and therefore such an act is not sinful, a member of
the country’s top Islamic organization said.
“KDRT is a
violation. It is against the law of the land and it is against the teachings of
Islam,” Abidin Wakano, Nadhlatul Ulama’s Maluku deputy chairman, said on
Tuesday. “It is perfectly permissible for a woman to report her husband to the
police if she feels she has been a victim of domestic violence.”
Abidin, who
is also a lecturer at Ambon’s State Islamic University and a director of the
Inter-Faith Institution (LAIM), said that Islam regulates clearly the functions
and responsibilities of a husband and wife in a household with the stress on
love.
Husbands
and wives should respect each other’s rights and obligations and encourage each
other to carry out their roles and responsibilities as well as they can.
“Islam
teaches people to form harmonious and blessed families and therefore KDRT,
whether it is committed by a husband to his wife or vice versa, or by parents
to their children, is an act of sin that violates religious teachings,” said
Abidin.
Abidin said
that in Islam, there are several stages that husbands and wives can take in
settling a conflict.
First by
sitting together to talk about the problem and if that doesn’t work then
turning to a third party as a mediator to offer a solution. If that still
failed to produce a solution and the domestic violence continues, the victim
can report it to the police and take legal action, he said.
“Reporting
spousal abuse is not about humiliating a family. The peaceful process has
failed to bring results so the problems must be taken to the next level because
at the end of the day there has been sin committed,” he said.
Discriminatory
bylaws
Yuniyanti
Chuzaifah, chairwoman of the National Commission on Violence Against Women
(Komnas Perempuan), said that cases of violence against women continue to rise
with an estimated 279,000 cases since the era of reformation until this March.
Yuniyanti
pointed out that 342 bylaws issued since Reformation also had the potential to
discriminate women.
Speaking at
a discussion on women’s issues at the House of Representatives on Monday,
Yuniyanti said there had been little progress from “Kartini’s struggles and the
gender equality in the early 21st century,” referring to the Indonesian women’s
rights pioneer.
“Komnas
Perempuan knows of 342 bylaws that have the potential to criminalize women,”
she added.
Yuniyanti
also said that Kartini Day, celebrated annually, was mostly about substance and
paid little attention to the struggle many women face in education, the
workplace, the family or politics
“Kartini’s
message was an intellectual one. It was about improving the minds of women, not
just parading in a kebaya once a year,” she pointed out.
Yuniyanti
went on to bemoan the lack of state support for victims of spousal abuse across
the country.
“What makes
it painful is that the state does not provide services for the recovery of
victims of domestic violence. It’s no surprise to see women eventually become
sex workers because of the way they are treated. They feel helpless and alone
and are prone to manipulation,” she said.
Yuniyanti
also cited the forms of violence endured by female migrant workers working far
from home. The case of Erwiana Sulistyaningsih, for example, the maid who was
badly beaten while working in Hong Kong, is currently going through the courts
in the territory.
Returning
to the general theme of spousal abuse, Yuniyanti claimed Indonesia wasn’t doing
enough.
“All this
violence can happen and offenders can get away with it because the state
condones violence towards women as there is a lack of harsh punishment against
the perpetrators,” she said.
Divorce rates
At the same
discussion, a government official said domestic violence was a contributing
factor in many divorce cases.
West
Jakarta recorded the highest divorce rates in Jakarta with around 600 cases
over the past four months with domestic violence contributing the most to the
divorce.
“Seventy
percent of couples [who wanted to break up their relationship] filed for divorce
because of KDRT,” said Rizal, a spokesman for the West Jakarta Religious Court.
Rizal said
that 420 of the divorce cases were caused by KDRT in which 5 percent to 10
percent of the violence was directed against men.
“So far
only 30 percent have been settled while the rest are still being processed,” he
said.
Rizal said
that the divorce process becomes complicated when it involves child custody and
assets to be divided.
Financial
reasons were another common factor in divorce cases and Rizal revealed it was
usually women who started the divorce process.
State
violence against women
Arimbi
Heroepoetri of Komnas Perempuan said that around 100,000 cases of violence
against wives were reported last year, while 3,530 violent incidents against
women occurred in public spaces in the form of rape, harassment and
molestation.
Violence
against women by the state was reported in 445 cases — up eightfold from 2009 —
of which 395 were victims of evictions in Jakarta.
But there
were also several cases reported of women suffering at the hands of the state
in the name of religion and morality.
This
included the burning of places of worship, forcibly preventing women from
engaging in religious activities and even trafficking of people who had been
charged under the controversial anti-pornography law.
Arimbi said
that domestic violence makes up almost 96 percent of all the violence cases
against women and attributed it to power gap between men and women and weak
laws to protect women from violence.
Ninik
Rahayu, a Komnas Perempuan commissioner, criticized the government for its lack
of commitment to provide support for victims of violence.
“The
structure, facilities and infrastructure to ensure victims can get the justice
and support they deserve have not been met as promised.”
The Women
Empowerment and Child Protection Ministry’s deputy assistant on matters related
to violence against women, Retno Adji Prasetiaju, said that the ministry is
currently coordinating with the National Police chief, Gen. Sutarman, to have a
women and child protection unit in every station at subdistrict and ward levels
in order to provide maximum service for the victims of violence.
Easy
targets
Earlier
this year a retired police general and his wife allegedly held 16 domestic
workers in captivity and tortured them in their Bogor, West Java mansion. Such
captivity is a form of modern-day slavery and is believed to be the tip of the
ice-berg. What makes the case remarkable is that the victims went public. It is
widely believed many more women are scared to go down that path.
Anis
Hidayah, executive director of Jakarta-based Migrant Care, told the Jakarta
Globe that such practices are physically concealed but occur all around us,
stripping those silent victims of their most basic of human rights: freedom.
Mutiara
Situmorang and her husband, retired police general Mangisi Situmorang, were
reported to the police after one of their 16 domestic workers — half of whom
were under the legal working age of 17 — fled the mansion, claiming she had
suffered from physical abuse.
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