Human Rights in Indonesia's Constitution: Human Rights Violations in Sexual Violence

Authors

  • Asit Defi Indriyani Divisi Hukum Amita Women Crisis Center Ponorogo
  • Rachma Dini Fitria UIN Kiai Haji Achmad Siddiq Jember

DOI:

https://doi.org/10.35719/annisa.v15i2.112

Keywords:

Human Rights, Constitution, Sexual Violence

Abstract

Human Rights (HAM) are basic rights that are owned by every human being which is natural because it is a gift from God and is inherent in every human being that must be guarded, protected and respected. Indonesia as a constitutional state of law should place human rights in the applicable constitution. In Indonesia, sexual violence is still an important issue because the rate of cases is still high every year. Sexual violence is a form of violation of human rights. The purpose of this study is to analyze sexual violence which is considered a violation of human rights. The type of research in this writing is normative or library research, namely researching by examining various library sources related to the topic of discussion. The results of this study are that acts of violence against women are considered a violation of human rights and have been agreed at the world conference on human rights in Vienna in 1993. In the constitution in Indonesia, it has been regulated in Chapter XA article 28, some of which are related to the right to be free from treatment and get protection from discrimination. For a child, the right to survive, grow and develop, and receive protection from violence and discrimination is also regulated. Sexual violence must be seen from the elements of crimes against human rights because it is related to human dignity.

References

Anggraini, Dini Amalia. “The Increasing oh Human Right Value to prevent a violence and hardness, and solving injustice law for Woman, Pancasila”, Education research Jurnal. Vol. 1, No. 11. November 2021.

Anwar, C. Theory and Law of Constitution. Malang: In-Trans Publishing, 2011.

Draft Law on the Elimination of Sexual Violence (RUU PKS)

Harapan, A. Bazar, Nawangsih Sutardi. Human Rights and the Law. CV. Yani's, Jakarta, 2006.

Handayani, Yeni, "Human Right management in indonesian constitution and American constituion", October 2014.

Ramayanti, Livia and Suryaningsi, "The Analyze the children’s victim of sexual violence Analisis Anak Korban Pelecehan dan Kekerasan Seksual dalam Perspektif Hukum dan HAM", Jurnal Penelitian Ilmu Hukum, Vol.1, No.7. Juli 2021.

Sibarani cockfighting. "Sexual Harassment in the Viewpoint of Law Number 39 of 1999 concerning Human Rights". Legal Research Journal, Vol 1, No 1. April 2019.

Mantra, Ida Bagoes. Research Philosophy and Social Research Methods. Yogyakarta: Pustakasiswa, 2007.

Prastowo, Andi. Qualitative Research Methods in Research Design. Yogyakarta: Ar-Ruzz Media, 2012.

The United States Constitution, Rechtsvinding Journal, October 2014

Ramayanti, Livia and Suryaningsi. "Analysis of Child Victims of Sexual Harassment and Violence in the Perspective of Law and Human Rights". Journal of Legal Studies. Vol.1, No.7. July 2021.

Saitya, Ida Bagus Subrahmaniam. "Regulation of Human Rights in Indonesia". Sintesa Journal. Vol. 8, No. 2. September 2017.

Sardol, Masribut. "Regulation of Human Rights in Law in Indonesia", Rechtsedee Journal. Vol 1. No 1. 2014

Sibarani, Fighting. "Sexual Harassment in the Perspective of Law Number 39 of 1999 concerning Human Rights". Journal of Legal Research. Vol 1, No 1. April 2019.

Sommaliagustina, Desi and Dian Cita Sari, "Sexual Violence in Children in the Perspective of Human Rights", Journal of Psychology, Vol. 1, No.2. February 2018.

Tency, Maulida H. Syaiful and Ibnu Elmi. Sexual Violence and Divorce. Malang: Intimedia, 2009.

Wadjo, Hadibah Zachra and Judy Marria Saimima. "Legal Protection for Victims of Sexual Violence in the Context of Realizing Restorative Justice". Belo journal. Vol. 6, No. 1. January 2021.

Year Note (CATAHU) National Woman commission in 2020

Downloads

Published

2022-12-31

How to Cite

Asit Defi Indriyani, & Fitria, R. D. . (2022). Human Rights in Indonesia’s Constitution: Human Rights Violations in Sexual Violence. An-Nisa Journal of Gender Studies, 15(2), 201–212. https://doi.org/10.35719/annisa.v15i2.112