Indonesian Law on Elemination of Domestic Violence

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 23 OF YEAR 2004

REGARDING
ELIMINATION OF VIOLENCE IN HOUSEHOLDLAW OF

THE REPUBLIC OF INDONESIA
NUMBER 23 OF 2004

REGARDING
ELIMINATION OF VIOLENCE IN HOUSEHOLD

WITH THE MERCY OF GOD ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering :
a. whereas each citizen shall be entitled to get a sense of security and shall be free of all forms of violence in accordance with the philosophy of the Pancasila (the five basic principles of the Republic of Indonesia) and the 1945 Constitution of the Republic of Indonesia;
b. Whereas all forms of violence, particularly violence in household, constitutes violence against human rights and crime against human dignity as well as form of discrimination that must be eliminated;
c. Whereas victims of violence in household, that are mostly women, must get protection from the state and/or the public so that they can be avoided and freed from violence or threat of violence, torture, or treatment degrading human degree and dignity;
d. Whereas in fact there are many cases of violence in household, whilst the legal system in Indonesia has not guaranteed protection of victims of violence in household;
e. Whereas based on the consideration referred to under letter a, letter b, letter c, and letter d, Law regarding Elimination of Violence in Household has to be established;

Download Indonesian Law on Elemination of Domestic Violence as PDF File

In view of :
Article 20, Article 21, Article 28A, Article 28B, Article 28D paragraph (1) and paragraph (2), Article 28E, Article 28F, Article 28G, Article 28H, Article 28I, Article 28J, and Article 29 of the 1945 Constitution of the Republic of Indonesia;

With joint agreement between

HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HEREBY DECREES:

Enacting: LAW REGARDING ELIMINATION OF VIOLENCE IN HOUSEHOLD.

CHAPTER I
GENERAL STIPULATIONS

Article 1

In this Law the definition of:
1. Violence in Household shall be any act against anyone particularly woman, bringing about physical, sexual, psychological misery or suffering, and/or negligence of household including threat to commit act, forcing, or seizure of freedom in a manner against the law within the scope of household.
2. Elimination of Violence in Household shall be the guarantee provided by the state to prevent the occurrence of violence in household, take action against perpetrator of violence in household, and protect the victim of violence in household.4
3. Victim shall be the individual experiencing violence and/or threat of violence within the scope of household.
4. Protection shall be all efforts intended to provide a sense of security to the victim to be provided by the family, an advocate, a social institution, the police, district attorney office, a court, or another party either temporarily or based on ruling of a court.
5. Temporary Protection shall be the protection to be directly provided by the police and/or a social institution or another party, prior to the issuance of enactment of protection instruction from a court.
6. Protection Instruction shall be the ruling issued by a court to provide protection to the victim.
7. Minister shall be the Minister whose scope of duty and responsibility is in the woman empowerment sector.


Article 2

(1) The scope of household in this Law shall include:
a. husband, wife, and children;
b. people whose family relationship with the individual referred to under letter a is due to blood relationship, marriage, suckling at the same breast, care, and guardianship, who lives in the household; and/or
c. the individual working to assist the household and living in the household.

(2) People working as referred to under letter c shall be considered as family member during the period while living in the household in question.


CHAPTER II
PRINCIPLES AND PURPOSE

Article 3

Elimination of violence in household shall be done based on these principles:
a. respect for human rights;
b. justice and gender equality;
c. non-discrimination; and
d. victim protection.


Article 4

Elimination of violence in household shall be intended to:
a. prevent all forms of violence in household;
b. protect the victim of violence in household;
c. take action against the perpetrator of violence in household; and
d. maintain the intactness of harmonious and prosperous household.


CHAPTER III
PROHIBITION OF VIOLENCE IN HOUSEHOLD

Article 56

Anyone shall be prohibited to carry out violence in household against an individual within the scope of the household, be means of:
a. physical violence;
b. psychic violence;
c. sexual violence; or
d. negligence of household.


Article 6

The physical violence referred to in Article 5 letter a shall be act bringing about pain, sickness, or serious injury.


Article 7

The psychic violence referred to in Article 5 letter b shall be an act bringing about fear, loss of self-confidence, loss of capability to act, hopelessness, and/or serious psychic suffering on someone.


Article 8

The sexual violence referred to in Article 5 letter c shall include:
a. forcing sexual intercourse carried out against an individual living within the scope of the household;
b. forcing sexual intercourse against one of the individuals within the scope of the household for commercial purpose and/or a certain purpose.


Article 9

(1) Anyone shall prohibited to neglect an individual within the scope of the household, whilst in fact according to the law prevailing on him/her or on account of acceptance or agreement he/she shall be obliged to provide livelihood, treatment, or care for the individual.

(2) The negligence referred to in paragraph (1) shall also apply to anyone bringing about economic dependence by limiting and/or prohibiting an individual to work properly inside or outside the house thereby the victim is placed under the control of the individual.


CHAPTER IV
THE VICTIM RIGHTS

Article 10

The victim shall be entitled to get:
a. protection of the family, police, district attorney office, a court, advocate, social institution, or another party either temporary or based on the ruling on protection instruction of a court;
b. health service in accordance with medical need;
c. special handling related to confidentiality of the victim;
d. counter parting by a social worker and a legal aid worker at each examination process level in accordance with the stipulations of laws and regulations; and
e. spiritual guidance service.


CHAPTER V
OBLIGATIONS OF GOVERNMENT AND PUBLIC

Article 11

The Government shall be responsible in the effort to prevent violence in household.


Article 12

(1) To implement the stipulation set forth in Article 11, the government shall:
a. Formulate the policy regarding elimination of violence in household;
b. Organize communication, information, and education regarding violence in household;
c. Organize socialization and advocacy regarding violence in household; and
d. Organize gender-sensitive education and training on and the issue of violence in household and shall establish gender-sensitive service standard and accreditation.

(2) The stipulation set forth in paragraph (1) shall be implemented by the minister.

(3) The Minister may conduct coordination with the related agency in implementing the stipulation set forth in paragraph (2).


Article 13

To organize service for the victim, the government and the regional government in accordance with their respective functions and duties may make these efforts:
a. provision of special service room at a police station;
b. provision of officials, health personnel, social workers, and spiritual mentors;
c. preparation and development of service program cooperation system and mechanism involving a party that is easily accessible to the victim; and
d. provision of protection for counterpart, witness, family, and friend of the victim.


Article 14

To organize the effort referred to in Article 13, the government and the regional government in accordance with the function and duties may establish cooperation with the public or another social institution.


Article 15

Anyone hearing, seeing, or knowing the occurrence of violence in household shall be obliged to make efforts in accordance with his/her limit of capability to:
a. prevent the continuation of crime;
b. provide protection to the victim;
c. provide emergency assistance; and
d. assist in the process of submission of application for protection ruling.


CHAPTER VI
PROTECTION

Article 16

(1) Within a period of 1 x 24 (one time twenty-four) hours with effect from the time of knowing or receiving report on violence in household, the police shall be obliged to immediately provide temporary protection to the victim.

(2) The temporary protection referred to in paragraph (1) shall be provided for not longer than 7 (seven) says since the victim is received or handled.

(3) Within a period of 1 x 24 (one time twenty-four) hours with effect from the time of the provision protection referred to in paragraph (1), the police shall be obliged to request protection instruction ruling from a court.


Article 17

In providing temporary protection, the police may cooperate with a health worker, social worker, companion volunteer, and/or spiritual mentor to accompany the victim.


Article 18

The police shall be obliged to furnish information to the victim regarding the right of the victim to get service and companionship.


Article 19

The police shall be obliged to immediately conduct investigation after knowing or receiving report regarding the occurrence of violence in household.


Article 20

The police shall immediately inform the victim regarding:
a. identity of the officer for introduction to the victim;
b. violence in household shall be crime against human dignity; and
c. the obligation of the police to protect the victim.


Article 21

(1) In providing health service to the victim, the health worker must:
a. examine the health of the victim in accordance with the professional standard;
b. prepare written report on the result of examination on the victim and visum et repertum at the request of the police investigator or medical certificate having the same legal force and effect as instrument of proof.

(2) The health service referred to in paragraph (1) shall be provided at a health facility owned by the government, a regional government, or the public.


Article 22

(1) In providing service, the social worker must:
a. conduct counseling to strengthen and provide sense of security to the victim;
b. furnish information regarding the rights of the victim to obtain protection from the police and protection instruction ruling from a court;
c. take the victim to a safe house or alternative dwelling; and
d. conduct integrated coordination in providing service to the victim with the police, social service, social institution needed by the victim.

(2) The service of the social worker referred to in paragraph (1) shall be done at a safe house belonging to the government, a regional government, or the public.


Article 23

In providing serviced, the companion volunteer may:
a. Inform the victim of his/her right to get one or several companions;
b. accompany the victim at the level of investigation, prosecution, or court examination by guiding the victim to objectively and completely describe the violence in household experienced by him/her;
c. listen emphatically to all accounts of the victim so that the victim feels safe being accompanied by the companion; and
d. provide actively psychological and psychic strengthening to the victim.


Article 24

In providing service, the spiritual mentor must provide clarification regarding the rights, obligations, and shall provide faith and piety strengthening to the victim.


Article 25

With regard to provision of protection and service, the advocate shall be obliged to:
a. provide legal consultation covering information on the rights of the victim and the court process;
b. accompany the victim at the level of investigation, prosecution, and examination in court proceeding and assist the victim to completely describe the violence in household experienced by him/her; or
c. conduct coordination with fellow law enforcers, companion volunteer, and social worker so that the judicial process can proceed appropriately.


Article 26

(1) The victim shall be empowered to report directly the violence in household to the police at the place where the victim is located or at the place of occurrence of the case.

(2) The victim may delegate authority to the family or another individual to report violence in household to the police at the place where the victim is located or at the place of occurrence of the case.


Article 27

In case the victim is a child, the report may be made by the parent, guardian, caretaker, or the child concerned to be made in accordance with the stipulations of the prevailing laws and regulations.


Article 28

The chief judge of the court within a period of 7 (seven) days since receiving the application shall be obliged to issue ruling letter containing protection ruling for the victim and other family members, unless there proper reason.


Article 29

Application to obtain protection instruction letter may be submitted by:
a. the victim or family of the victim;
b. a friend of the victim;
c. the police;
d. the companion volunteer; or
e. the spiritual mentor.


Article 30

(1) Application for protection ruling shall be submitted in verbal or written form.

(2) In case the application is submitted verbally, the clerk of the local district court shall be obliged to register the application.

(3) In case the application for protection instruction is submitted by the family, a friend of the victim, the companion volunteer, or the spiritual mentor, then the victim must give his/her approval.

(4) In certain conditions, the application may be submitted without the approval of the victim.


Article 31

(1) Upon the application of the victim or his/her proxy, the court may consider to:
a. lay down a special condition;
b. amend or annul a special condition of the protection instruction.


(2) The consideration referred to in paragraph (1) may be submitted together with the process of submission of case of violence in
household.


Article 32

(1) The protection instruction may be provided for a period of not longer than 1 (one) year.

(2) The protection instruction may be extended upon a court ruling.

(3) The application for extension of the Protection Instruction shall be submitted 7 (seven) days prior to the expiration of the validity period.


Article 33

(1) The court may declare one or more addendum to the protection instruction.

(2) In the provision of additional protection instruction, the court shall be obliged to consider the account of the victim, the health worker, the social worker, the companion volunteer, and/or the spiritual mentor.


Article 34

(1) Based on consideration of the danger that may arise, the court may declare one or more additional conditions in the protection instruction.

(2) In the provision of the additional condition in the protection instruction, the court shall be obliged to consider the account of the victim, the health worker, the social worker, the companion volunteer, and/or the spiritual mentor.


Article 35

(1) The police may arrest and to subsequently conduct detention without instruction letter against the perpetrator believed to have violated the protection instruction, although the violence is not committed at the place where the police is assigned.

(2) The arrest and detention referred to in paragraph (1) must be given arrest and detention instruction letter after 1 x 24 (one time twenty-four) hours.

(3) Postponement of arrest shall not apply to the arrest referred to in paragraph (1) and paragraph (2).


Article 36

(1) To provide protection to the victim, the police may arrest the perpetrator with sufficient initial proof for having violated the protection instruction.

(2) The arrest referred to in paragraph (1) may be conti9nued with detention accompanied with detention instruction letter within a period of 1 x 24 (one time twenty-four) hours.


Article 37

(1) The victim, the police or the companion volunteer may submit report in writing regarding the existence of suspicion of violation of the protection instruction.

(2) In case the court gets the report in writing referred to in paragraph (1), the perpetrator shall be instructed to appear within a period of 3 x 24 (three times twenty-four) hours to undergo examination.

(3) The examination referred to in paragraph (2) shall be done by the court at the place where perpetrator lives together with the victim at the time the violation is believed to occur.


Article 38

(1) If the court knows that the perpetrator has violated the protection instruction and is suspected to have committed further violation, then the Court may require the perpetrator to make a declaration in writing the contents of which shall be in the form of preparedness to comply with the protection instruction.

(2) If the perpetrator still fails to comply with the declaration in writing referred to in paragraph (1), the court may detain the perpetrator for not longer than 30 days.

(3) The detention referred to in paragraph (2) shall be accompanied with detention instruction letter.


CHAPTER VII
RECOVERY OF VICTIM

Article 39

For the purpose of recovery, the victim pay obtain the service of:
a. health worker;
b. social worker
c. companion volunteer; and/or
d. spiritual mentor.


Article 40

(1) The health worker shall be obliged to examine the victim in accordance with the professional standard.

(2) In case the victim needs treatment, the health worker shall be obliged to restore and rehabilitate the health of the victim.


Article 41

The social worker, companion volunteer, and/or spiritual mentor shall be obliged to provide service to the victim in the form of provision of counseling to strengthen and/or provide a sense of security to the victim.


Article 42

For the purpose of restoration on the victim, the health worker, social worker, companion volunteer, and/or spiritual mentor may establish cooperation.


Article 43

Further stipulations regarding the organization of restoration and cooperation efforts shall be provided for with a Government Regulation.


CHAPTER VIII
CRIMINAL STIPULATIONS

Article 44

(1) Anyone committing act of physical violence in household as referred to in Article 5 letter a shall be punished with imprisonment of not longer than 5 (five) years or fine of not more than Rp15,000,000.00 (fifteen million rupiah).

(2) In case the act referred to in paragraph (2) causes the victim to be sick or to sustain serious injury, the perpetrator shall be punished with imprisonment of not longer than 10 (ten) years or fine of not more than Rp 30,000,000.00 (thirty million rupiah).

(3) In case the act referred to in paragraph (2) brings about death of the victim, the perpetrator shall be punished with imprisonment of not longer than 15 (fifteen) years or fine of not more than Rp45,000,000.00 (forty-five million rupiah).

(4) In case the act referred to in paragraph (1) is committed by a husband against the wife or vice versa not bringing about sickness or obstruction to perform work of the position or to earn daily livelihood or activity, the perpetrator shall be punished with imprisonment of not longer than 4 (four) months or fine of not more than Rp 5,000,000.00 (five million rupiah).


Article 45

(1) Anyone committing psychic act of violence within the scope of household as referred to in Article 5 letter b shall be punished with imprisonment of not longer than 3 (three) years or fine of not more than Rp 9,000,000.00 (nine million rupiah).

(2) In case the act referred to in paragraph (1) is committed by a husband against the wife or vice versa not bringing about sickness or obstruction to perform work of the position or to earn daily livelihood or activity, the perpetrator shall be punished with imprisonment of not longer than 4 (four) months or fine of not more than Rp 3,000,000.00 (three million rupiah).


Article 46

Anyone committing sexual violence act as referred to in Article e letter a shall be punished with imprisonment of not longer than 12 (twelve) years or fine of not more than Rp 36,000,000.00 (thirty-six million rupiah).


Article 47

Anyone forcing an individual living in the same house to commit sexual intercourse as referred to in Article 8 letter b shall be punished with imprisonment of not shorter than 4 (four) yeas and imprisonment of not longer than 15 (fifteen) years or fine of at least Rp 12,000,000.00 (twelve million rupiah) or fine of not more than Rp 300,000,000.00 (three hundred million rupiah).


Article 48

In case the act referred to in Article 46 and Article 47 causes the victim to sustain injury providing no hope for healing at all, suffering from mental or spiritual disorder for at least 4 (four) weeks continuously or 1 (one) month not continuously, miscarriage or death of fetus, or causes disfunction of reproductive organ shall be punished with imprisonment of at least 5 (five) years and imprisonment of not logner than 20 (twenty) years or fine of at least Rp 25,000,000.00 (twenty-five million rupiah0 and fine of not more than Rp 500,000,000.00 (five hundred million rupiah).


Article 49

Shall be punished with imprisonment of not longer than 3 (three) years or fine of not more than Rp 15,000,000.00 (fifteen million rupiah), anyone who:
a. neglect another individual within the scope of household referred to in Article 9 paragraph (1);
b. neglect another individual referred to in Article 9 paragraph (2).23


Article 50

Besides the punishment referred to in this Chapter, the judge may impose additional sentence in the form of:
a. limitation of movement of the perpetrator intended to get the perpetrator away from the victim at a certain distance and within a certain period, or limitation of certain rights of the perpetrator;
b. ruling the perpetrator to undergo counseling program under the supervision of a certain institution.


Article 51

The physical violence crime referred to in Article 44 paragraph (4) shall constitute offense warranting complaint.


Article 52

The psychic violence crime referred to in Article 45 paragraph (2) shall constitute offense warranting complaint.


Article 53

The sexual violence crime referred to in Article 46 committed by a husband on the wife or vice versa shall constitute offense warranting complaint.


CHAPTER IX
OTHER STIPULATIONS24

Article 54

Investigation, prosecution, and examination in a trial proceeding shall be conducted according to the stipulations of the prevailing criminal procedural law, unless stipulated otherwise in this Law.


Article 55

As one of the legitimate instruments of proof, the testimony of a victim witness alone shall be adequate to proof that the accused is guilty, if accompanied with another legitimate instrument of proof.


CHAPTER X
CONCLUDING STIPULATIONS

Article 56

This law shall take effect on the date of legislation. To ensure that everyone can know about this law, it is instructed that this law be legislated by inserting in the State Gazette of the Republic of Indonesia.


Ratified in Jakarta
on 22 nd September 2004

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNO PUTRI

Legislated in Jakarta
on 22 nd September 200425

STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO

 

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2004
NUMBER 95 ELUCIDATION ON

LAW OF THE REPUBLIC OF INDONESIA
NUMBER 23 OF YEAR 2004

REGARDING
ELIMINATION OF VIOLENCE IN HOUSEHOLD

I. GENERAL

The intactness and harmony of a household that is happy, safe, secure and peaceful constitute the desire of anyone in a household. The Republic of Indonesia is a country that based on Belief in God Almighty is guaranteed by Article 29 of the 1945 Constitution of the Republic of Indonesia. Therefore, anyone within the scope of household in exercising rights and fulfilling obligations must be based on religion. This has to be cultivated for the purpose of developing household intactness.

To realize the intactness and harmony largely depends on everyone within the scope of household, particularly the content of quality of the perpetrator and self-control of everyone within the scope of household.

Household intactness and harmony may be disrupted if quality and self-control cannot be controlled, and in the end violence may take place in a household thereby giving rise to insecurity or injustice on the people who are within the scope of household.

To prevent, protect the victim, and take action against the perpetrator in household, the state and the public shall be obliged to conduct prevention, protection, and action against the perpetrator in accordance with the philosophy of the Pancasila (the five basic principles of the Republic of Indonesia) and the 1945 Constitution of the Republic of Indonesia. The state is of the view that all forms of violence, particularly violence in household, shall be violation of human rights and crime against human dignity as well as a form of discrimination.

Such state view is based on Article 28 of the 1945 Constitution of the Republic of Indonesia, and its amendment. Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia stipulates that ”Anyone shall be entitled to protection of himself/herself, family, honor, dignity and property under his/her control, and shall be entitled to sense of security and protection from threat of feat to do or not to do something constituting human rights”. Article 28H paragraph (2) of the 1945 Constitution of the Republic of Indonesia stipulates that “Anyone shall be entitled to convenience and special treatment to obtain the same opportunity and benefit to achieve equality and justice”.

The development at present shows that physical, psychic, sexual violence and neglect of household in fact take place thereby bringing about the need to adequate legal tools to eliminate violence in household.

Law reform siding with susceptible or subordinated group, particularly women, has become urgently ne3eded in connection with the large number of cases of violence, particularly violence in household. Such law reform is needed because the existing law is not yet adequate and is no longer suitable to the development of public law. Therefore there is a need for regulation regarding the crime of violence in household separately since this has typical characteristic, although generally in the Criminal Code there is provision for persecution and decency norms and neglect of an individual requiring basic necessities of life and livelihood.

This Law regarding Violence in Household is closely related to several other laws and regulations already enacted earlier, amongst others Law number 1 of 1946 regarding the Criminal Code and its Amendment, Law number 8 of 1981 regarding the Criminal Procedural Law, Law number 1 of 1974 regarding Marriage, Law number 7 of 1984 regarding Ratification of Convention on Elimination of All Forms of Discrimination against
Women), and Law number 39 of 1999 regarding Human Rights.

This Law, besides providing for the commencement of prevention and protection as well as recovery of victim of violence in household, also specifically provides for violence occurring in household with criminal elements that is different from the persecution crime provided for in the Criminal Code. In addition, this law also provides for obligations for law enforcers, health workers, social worker, companion volunteers, or spiritual mentors to protect the victim so that they will be more sensitive and responsive towards the interest of household aimed since early on to household intactness and harmony.

To conduct prevention of violence in household, the Minister whose task and responsibility in the field of woman empowerment will take preventive action, amongst others organizing communication, information and education regarding the prevention of violence in household.

Based on such consideration, the time has come for the establishment of Law regarding Elimination of Violence in Household to be provided for comprehensively, clearly and specifically to protect and side with the victim, and at the same time provide education and awareness to the public and officials that any kind of violence act in household constitutes a crime against human dignity.


II. ARTICLE BY ARTICLE

Article 1
Self-explanatory.

Article 2
Paragraph (1)
Letter a
The definition of child in this stipulation includes adopted child and step-child.
Letter b
The definition of marriage relationship in this stipulation is for example parents-in-law, children-in-law, brothers/sisters-in-law, and relationship between parents-in-law.
Letter c
Self-explanatory.
Paragraph (2)
Self-explanatory.

Article 3
Letter a
Self-explanatory.
Letter b
The definition of gender equality is a situation in which women and men enjoy equal status and have the same condition to realize fully their human rights and potentials for household intactness and continuity proportionally.
Letter c
Self-explanatory.
Letter d
Self-explanatory.

Article 4
Self-explanatory.

Article 5
Self-explanatory.

Article 6
Self-explanatory.

Article 7
Self-explanatory.

Article 8
Letter a
The definition of “sexual violence” in this stipulation is any act in the form of forcing sexual intercourse, forcing sexual intercourse with a method that is improper and/or not liked, forcing of sexual relationship with another individual for commercial purpose and/or certain purpose.
Letter b
Self-explanatory.

Article 9
Self-explanatory.

Article 10
Letter a
The definition of “social institution” is a social institution or organization concerned with violence in household, such as legal aid institutions.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
The definition of “social worker” is someone having professional skill in social work obtained through formal education or practical experience in the social work/social welfare sector officially recognized by the government and performing social work professional duties.
Letter e
Self-explanatory.

Article 11
Self-explanatory.

Article 12
Self-explanatory.

Article 13
Letter a
Self-explanatory.
Letter b
The definition of “health worker” is any individual devoting himself/herself in the health sector and possessing knowledge and/or skill through education in the health sector that for a certain of type requires authority to carry out health action, as referred to in Law number 23 of 1992 regarding Health.
Letter c
Self-explanatory.
Letter d
Self-explanatory.

Article 14
The definition of cooperation is as realization of public participation.

Article 15
Self-explanatory.

Article 16
Self-explanatory.

Article 17
The definition of “companion volunteer” in this stipulation is an individual having expertise to conduct counseling, therapy, and advocacy for strengthening and restoration of the victim of violence.

Article 18
Self-explanatory.

Article 19
Self-explanatory.

Article 20
Self-explanatory.

Article 21
Self-explanatory.

Article 22
Paragraph (1)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
The definition of “safe house” in this stipulation is temporary dwelling place used to provide protection to the victim in accordance with the designated standard. For example, trauma center at the Ministry of Social Affairs.
The definition of “alternative dwelling place” in this stipulation is dwelling place for the victim who is forced to be placed to be separated and/or to be far from the perpetrator
Letter d
Self-explanatory.

Article 23
Self-explanatory.

Article 24
Self-explanatory.

Article 25
Self-explanatory.

Article 26
Self-explanatory.

Article 27
Self-explanatory.

Article 28
Self-explanatory.

Article 29
Self-explanatory.

Article 30
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
The definition of “certain condition” in this stipulation is for example: fainting, coma, and serious threat on life.

Article 31
Paragraph (1)
Letter a
The definition of “special condition” in this stipulation is limitation of movement of perpetrator, prohibition to enter joint dwelling place, prohibition to follow, watch, or intimidate the victim.
Letter b
Self-explanatory.
Paragraph (2)
Self-explanatory.

Article 32
Self-explanatory.

Article 33
Self-explanatory.

Article 34
Self-explanatory.

Article 35
Self-explanatory.

Article 36
Self-explanatory.

Article 37
Self-explanatory.

Article 38
Self-explanatory.

Article 39
Self-explanatory.

Article 40
Self-explanatory.

Article 41
Self-explanatory.

Article 42
Self-explanatory.

Article 43
Self-explanatory.

Article 44
Self-explanatory.

Article 45
Self-explanatory.

Article 46
Self-explanatory.

Article 47
Self-explanatory.

Article 48
Self-explanatory.

Article 49
Self-explanatory.

Article 50
Letter a
Self-explanatory.
Letter b
The definition of “certain institution” is an institution accredited to provide counseling service to the perpetrator. For example, hospital, clinic, counselor group, or those having expertise in providing counseling to the perpetrator within a certain period. This stipulation is intended to provide freedom to the judge passing probationary sentencing with the purpose of conducting guidance on the perpetrator and maintaining household intactness.

Article 51
Self-explanatory.

Article 52
Self-explanatory.

Article 53
Self-explanatory.

Article 54
Self-explanatory.

Article 55
Another legitimate instrument of proof in sexual violence committed besides husband and wife is admission of the accused.

Article 56
Self-explanatory.


STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2004 NUMBER 4419

 

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