Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis



Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A   purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.


Domestic, violence, women, Indonesia, Elimination


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  • Mahfud Mahfud Universitas Syiah Kuala, Indonesia
  • Rizanizarli Rizanizarli Universitas Syiah Kuala, Indonesia



How to Cite

Mahfud, Mahfud, and Rizanizarli Rizanizarli. 2021. “Domestic Violence Against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis”. Fiat Justisia: Jurnal Ilmu Hukum 15 (4):385-98.




Author Biography

Mahfud Mahfud, Universitas Syiah Kuala

Mahfud joined Faculty of Law, University of Syiah Kuala Banda Aceh Indonesia in January 2005 and he is an assistant professor at the Criminal Law Department of the faculty. He obtained his LL.B from the University of Syiah Kuala in 2004 and received his LL.M. from Cardiff University, Wales, the United Kingdom in 2010. His research interests include Criminal Law, Criminal Procedure Law, International Criminal Law and Juvenile Justice System in Indonesia. He was in charge of the Criminal Law Department and the Secretary of International Class Program at the Faculty of Law, University of Syiah Kuala. He has been teaching Indonesian Criminal Law, International Criminal Law, Indonesian Criminal Procedure Law, Juvenile Justice System in Indonesia, specific crimes in the Indonesian Criminal Code and Criminology at the undergraduate level and the International Class Program (the Program that was developed by NUFFIC Project from the fund of the Dutch Government) of Faculty of Law, University of Syiah Kuala for more than 13 years. In addition, he has been involved in providing free legal consultations in cooperation with the Ministry of Law and Human Rights Banda Aceh, Indonesia as a part of community services.