ANALISIS YURIDIS TERHADAP KEKERASAN DALAM RUMAH TANGGA (KDRT) BERDASARKAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) TAHUN 1979 DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRACT In the family problems often arise that are not harmonious which trigger the occurrence of domestic violence. The rise of cases of domestic violence requires protection for women. Internationally, women's rights are regulated in CEDAW while in Indonesia it is regulated in the Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). Formulation of the problem : 1) How is the legal protection for domestic violence according to CEDAW 1979 ?, 2) How is the implementation of CEDAW towards domestic violence in Indonesia ?. The research method uses normative juridical research using secondary data sources. The technique of collecting data is document study, then the data is analyzed qualitatively. Research result : 1) Legal protection arrangements regarding domestic violence according to CEDAW 1979 are regulated in Articles 1 to 16 which in essence provides protection for women in terms of protection of women's civil and political rights, protection of women's economic, social and cultural rights, and protection of gender equality with men. 2) The implementation of CEDAW on domestic violence in Indonesia has been ratified with Law of the Republic of Indonesia Number 7 of 1984 concerning Ratification of the Convention Regarding the Elimination of All Forms of Discrimination Against Women. In addition, it is also regulated in Article 5 of the PKDRT Law. The provisions regarding domestic violence are in accordance with CEDAW, but in practice women are still often victims of gender-based violence.