IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v10y2020i1p2-d469885.html
   My bibliography  Save this article

Gender Bias in Indonesian Courts: Is Perma No. 3 of 2017 the Solution for Gender-Based Violence Cases?

Author

Listed:
  • Rika Saraswati

    (School of Law, Faculty of Law and Communication, Soegijapranata Catholic University, Semarang 50234, Indonesia)

Abstract

To support women who are dealing with the legal system, especially women victims of gender-based violence, the Indonesian government issued Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This regulation deals with women as victims, defendants and witnesses, and is used for civil and criminal cases. The Perma appears to attempt to counterbalance existing discriminatory practices in the courts and their processes. This article discusses the effectiveness of the “special treatment” in Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This Perma seems to provide hope for producing progressive court decisions by contributing to the elimination of discrimination against women in the court process. However, this expectation certainly needs to be reviewed, given that, in their entirety, any such proceedings involve not only judges but also other law enforcement officials, namely the prosecutors. Furthermore, the presence of this Perma is considered by some Indonesian feminists to contradict the Judicial Code of Ethics and Guidelines for Judicial Behaviour (“the Code”). The Code requires judges to be neutral in judging but this Perma demands the opposite. This study is a qualitative study, and the data is obtained through a literature study of research conducted on court decisions and gender-based violence cases involving Indonesian women.

Suggested Citation

  • Rika Saraswati, 2020. "Gender Bias in Indonesian Courts: Is Perma No. 3 of 2017 the Solution for Gender-Based Violence Cases?," Laws, MDPI, vol. 10(1), pages 1-16, December.
    • Handle: RePEc:gam:jlawss:v:10:y:2020:i:1:p:2-:d:469885
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/10/1/2/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/10/1/2/
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:10:y:2020:i:1:p:2-:d:469885. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.