Domestic violence in Indonesia and the law

In Indonesia there is a stark difference between what is written and what is enforced concerning domestic violence.

In 2004 Indonesia enacted the Anti-Domestic Violence Law in what has been widely acknowledged as a progressive move, and a major achievement for the women’s rights groups who advocated for it. Despite the law being in effect for 20 years, domestic violence in Indonesia remains a persistent issue.

According to data from the Ministry of Women’s Empowerment and Child Protection, there were approximately  18,000 reports of violence in Indonesia in the first nine months of 2023. Women were the victims in 16,000 of these cases, with 11,000 related to domestic violence.

“When it comes to domestic violence in Indonesia there is a stark difference between what is written in the law and how it is enforced,” says Dr Balawyn Jones, a lecturer in law and the Bendigo Law Convenor at the Law School of La Trobe University. “In Indonesia, violence within the domestic setting is regarded as a private matter, and the vast majority of cases are resolved via informal mediation at the village level, with very few reported to the authorities.”

Dr Jones’ research focuses on the resolution of domestic violence cases in Aceh, a semi-autonomous province of Indonesia on the northernmost tip of the island of Sumatra, where 98 percent of the population identify as Muslim.

She spoke to victims of domestic violence, village leaders, religious leaders, and staff at women’s NGOs and government departments to explore how local communities understand and respond to domestic violence.

“Research in the area of domestic violence often solely regards women as passive victims as opposed to agents who make decisions in response to the violence perpetrated against them,” says Dr Jones. “In particular we know very little from the perspective of Muslim women, who are often viewed through the lens of both sexism and racism when speaking out against violence.”

She believes that religious beliefs are a key component to effectively addressing domestic violence.

“People in the community interpret and give meaning to law based on their values and beliefs. So, when working with Muslim communities, we need to have a deep understanding faith-based values and beliefs in order to combat violence. In this way, Islam is part of the solution to ending gender-based violence.”

Dr Jones’ research has shown that it has been the women’s NGOs in Indonesia that have stepped up to overcome the shortfalls in the implementation of the Anti-Domestic Violence Law, providing crisis accommodation, mediation and counselling where government services fall short.

“Making promises in the law is one thing, implementing these promises in practice is another. While there has been progress over the last 20 years in terms of awareness around domestic violence, there remains a lack of political will to adequately fund essential services for victims of domestic violence despite such services being promised in the 2004 Anti-Domestic Violence Law.”