Samarinda, East Kalimantan
December 20, 2011
Marsih, An employee of Resort City Police Samarinda, East Kalimantan, poured by gasoline and burned her own husband. She suffered burns up to 60 percent. The act was done in front of the child victim. It was done by Sumantri because he is reluctant to divorce from his wife. Not only Marsih,Sumantri also affected by a bolt of fire and suffered 40 percent burns. Both were treated at the Islamic Hospital Samarinda. Currently the police are still asking the details number of witnesses from the family. Perpetrator closely guarded for fear of escape.
Based on Act No. 23 of 2004 on the Elimination of Domestic Violence Law of Indonesia; domestic violence is any action against a person, especially women, which result in misery or suffering physical, sexual, psychological, and / or negligence of household including threat to commit acts, coercion, or deprivation of liberty against the law within the domestic sphere.
Elimination of Domestic Violence Law was born through a long struggle for about seven years conducted the women’s movement activists of the share element. In Indonesia, a formal legally, these provisions come into force since 2004. The mission of this Act is an effort, endeavor for the elimination of domestic violence. With this provision, means the state could attempt to prevent the occurrence of domestic violence, prosecution of domestic violence and protect victims of domestic violence.
Something that previously could not happen, because it is considered as an internal matter of one’s family. The reason is expressly said that, the action physical violence, psychological, sexual, and neglect of household (economic abandonment) done within the domestic sphere is a crime. These actions may be common and can occur between the husband to his wife and vice versa, or parents against their children. As legislation that requires special arrangements, in addition to criminal sanctions contained setting, this law also regulates the procedural law, the obligation of the state in providing immediate protection to victims who report. Thus, it can be said that this provision is an important legal breakthrough for efforts to uphold human rights, especially protection against those who have been harmed in a family or household order.
In numbers, wives who are victims of domestic violence was 96 percent, of the total 136 thousand more cases of violence in personal relationships. The pattern is dominated by domestic violence sexual and psychological violence. While physical violence is smaller in number under the economic violence. Violence against women also occurs during courtship, violence by ex-husband or ex-boyfriend, and against domestic workers. Violence against women as whole rise 263 percent to 143.586 cases during 2009 (January to December).
Causes of domestic violence
In Indonesia, domestic violence is difficult to resolve, it is because many people who do not know that their actions or action that they are received from their partner is included in domestic violence, and perpetrators may also feel that his actions were protected by the prevailing norms in society, that is not polite when intervene in the household of others when there are fights (internal matter). This norm has indirectly led to the perpetrator feel protected from state laws when they are apply to domestic violence.
It also can cause by:
1) The public raising boys by growing confidence that the boys should be strong, brave and intolerant.
2) Men and women are not positioned equally in society.
3) Perceptions of violence in the household must be closed because it is a family problem and not a social problem.
4) an erroneous understanding of religious teachings about the rules educate wives, wives to their husbands obedience, respect for the position of her husband resulting in the perception that men should control women.
5) Culture that wife relies on her husband, especially economics.
6) Personality and psychological conditions of husband who is not stable.
7) Have experienced violence in childhood.
8) Culture that men are considered superior and women inferior.
9) Doing imitation, especially the boys who live with parents who often do violence to his mother or himself.
Effort to recover the victims on domestic violence
Elimination of Domestic Violence Law is the first regulation governing the rights of victims. Rights of victims of domestic violence in the Elimination of Domestic Violence Law in Article 10 which include the following:
1. protection of the family, police, prosecutors, courts, advocates, social institutions, or any other party either temporarily or based on the determination of a court protection order;
2. Health services in accordance with medical needs;
3. Special handling related to the confidentiality of the victim;
4. Assistance by social workers and legal assistance at every level of the examination process in accordance with the provisions of legislation; and
5. Spiritual guidance services.
Efforts to prevent domestic violence are a mutual obligation between the government and society. This corresponds to a locus of domestic violence in the private sphere, so the government cannot simply go in and monitor the household directly. And so we need community involvement in monitoring and preventing the occurrence of domestic violence in the neighborhood. The obligation of this community accommodated in articles 14 and 15 of Elimination of Domestic Violence Law. Even in chapter 15 are detailed on duty “every person who heard, saw, or know the occurrence of domestic violence shall make efforts in accordance with the limit of his ability to a) prevent the continuation of crime; b) provide protection to victims; c) to provide relief emergency; and d) assist the application process protection setting.
Article 44 of Law Number 23 Year 2004 on domestic violence.
- Anyone committing acts of violence, physical within the domestic sphere as referred to in Article 5 letter a shall be punished with imprisonment of 5 (five) years or a maximum fine of Rp 15,000,000.00 (fifteen million rupiahs).
- In the event that acts as referred to in paragraph (1) resulted in the victim had fallen ill or serious injury, shall be punished with imprisonment of 10 (ten) years or a fine of not more Rp30.000.000, 00 (thirty million rupiahs).
- In the event that acts as referred to in paragraph (2) resulted in the death of the victim, shall be punished with imprisonment of 15 (fifteen) years or a maximum fine of Rp 45,000,000.00 (forty five million rupiahs).
It not only happens in Indonesia but even in developed and advance countries like Australia recently Rajini Narayan who killed her husband by burning first his penis and then him completely. Have a look at the full story what had gone between them and male who think himself always superior and powerful to woman. However it seems like slowly but gradually women are claiming their rights which they could have claimed much earlier.
A woman who burned her husband to death after “snapping momentarily” has become the third battered wife in seven years to avoid jail for manslaughter in Australian court history.
The Supreme Court today suspended Rajini Narayan’s six-year sentence for killing her cheating husband, Satish, in December 2008.
Justice John Sulan said the killing was due to “momentary” anger and “muddled” thinking, and that Narayan was truly remorseful for her actions.
“Although it is often said … that a suspended sentence is not a sentence at all, it’s a real sentence and can be brought into effect if there is a failure to comply with specified conditions,” he said.
“It is wrong to regard suspended sentences as letting an offender walk free as if he or she has not been punished.
“It seems (Narayan) has suffered a great deal already.”
Narayan, who sat with her back to the public gallery for much of the hearing, fought back tears as the sentence was announced.
Her eldest daughter ran to the front of the court room to embrace and kiss her mother.
Narayan, 46, is the third woman in seven years to avoid an immediate jail term for manslaughter.
In 2004, Riverland woman Gwenda Elaine Savcic received a suspended three-year term for killing her husband, Mark.
Savcic fatally stabbed her husband with a samurai sword after silently enduring 19 years of abuse at his hands.
Justice Ted Mullighan ruled the stabbing – the first time Savcic had ever stood up to her husband – was an act of “excessive self-defence”.
In 2009, Noreen Jessamine Weetra received a suspended five-year term for killing her partner, Ross Owen Calyun.
Police had been called to the couple’s home 10 times in three years before Weetra struck back, stabbing Calyun in the heart in front of her children.
Justice Margaret Nyland dubbed her actions “rare and exceptional”, and therefore deserving of a “merciful approach” in sentencing.
Narayan stood trial in the Supreme Court for murder last year.
Prosecutors had alleged she deliberately set her husband, Satish, alight in December 2008 after confronting him about his affair.
Narayan denied this, saying her intention was to “circumcise and purify” her husband who had physically and verbally abused her for 22 years.
She said she wanted to “burn a dot on his penis” with petrol and an “angel candle” she had been given by a fortune teller so that he would not leave her for the other woman.
She compared her “bizarre” idea to the Hindu love story of Lord Ram, who proved the purity of his wife, Sita, with fire after rescuing her from a demon king.
“It would be like circumcision, or just like he placed that red dot on my forehead at the wedding,” she said at trial.
“It was like I had all the powers of the goddess to save my husband, my lord … it did not occur to me that it was going to be dangerous.”
Narayan admitted losing control and throwing the flame and accelerant onto Satish when he called her a “fat bitch”.
Jurors accepted her version of events, acquitting her of murder and finding her guilty of the lesser charge of manslaughter.
In sentencing today, Justice Sulan said Narayan had “deified” her husband and was “shattered” by his betrayal.
He said there was “no doubt” her thinking at the time was “unrealistic, muddled and illogical”.
“For the first time in your life you had confronted your husband, had found the courage to be assertive to the person who had mistreated you for 20 years,” he said.
“His response was to treat you with disdain, dismiss you and turn his back to you (and) you snapped.”
Justice Sulan further ordered Narayan be under Correctional Services supervision for two years, and undertake psychological counseling as ordered.
As woman is becoming more aware and man are becoming more brutal and unforgiving the silence of her soul has now reached at the point of final eruption where now the hidden dark side of once this magnificent human being has now showing her dark side. Man and Woman are just like two sides of one coin and have remained till date but neither of them has ever appreciated or complemented each other. The narrow mind set and venerable behavior of man develops a quality of a deep anger and an uncompromising behavior whereas fear of losing and possessiveness have made woman more reserve and of conservative behavior but as the world becomes more aware of its rights and responsibilities woman too are becoming more open minded and are being more aggressive towards their aims and their self being. This has evolved new twisted positions in the un-balanced relations of opposite genders.
These cases are the new signs of beginning of a new era where woman shares the power in this male dominant world.