ASSIGNMENT 2 & 3

MASTER OF ENFORCEMENT LAW

LEGAL RESEARCH & METHODOLOGY (LAW751)

RESEARCH PROPOSAL TITLE: THE IMPLEMENTATION OF PRINCIPLE EQUALITY BEFORE THE LAW IN THE ASPECT OF DOMESTIC
VIOLENCE : RESORT POLICE OF MATARAM, WEST NUSA TENGGARA, INDONESIA
PREPARED BY: MASNILA DAHNIATI

SUBMISSION DATE: REVISION

 ASSIGNMENT 2

TITLE OF RESEARCH PROPOSAL: THE IMPLEMENTATION OF PRINCIPLE EQUALITY BEFORE THE LAW IN THE ASPECT OF
DOMESTIC VIOLENCE : RESORT POLICE OF MATARAM, WEST NUSA TENGGARA, INDONESIA

LITERATURE REVIEW

BOOKS/ARTICLES FROM JOURNAL/ PHD THESIS

NO. ELEMENT TO BE AUTHOR 1 AUTHOR 2 AUTHOR 3 AUTHOR 4 AUTHOR 5

DISCUSSED
1 Achmad Ali, Wiwi Atmadja. D.G, “Principles of O. Notohamidjoyo, “For Mahadi, “Legal G.W. Paton, “A Textbook
Heryani, “Principles of Criminal Law in the Legal System” The Sake Of Justice And Philosophy an of Jurisprudence”, Oxford
Civil Evidentiary Law”,
Kertha Wicaksana Volume 12, Humanity : Several Introduction” Alumni, University Press (1969)
Kencana (2013)
Nomor 2 (2018) Chapters Of The Bandung 3rd Edition
Philosophy Of Law, CPC.” (2003)
Gunung Mulia, (1975)

Principles of Law The principle of law is The view that comes to the fore in
Paul Scholten, defines the A.R. Lacey, stated: A principle is the broad
something that gives relation to the application of laws
birth to the rules of law, principles of law as "principles may reason, which lies at the
and regulations, the legal principle
and is a logical ratio of "tendencies required of resemble scientific base of rule of law.
is interpreted to have a significant
the rules or regulations the law by our moral laws in being
function, namely the function of
of law. Thus the legal understanding". It is descriptions of ideal
principle is more abstract the legal principle as a "ratiolegis"
understood that legal world, set up to
than the rule of law. of the legislation
principles are the basic govern actions as a
thoughts contained in and scientific laws are to
behind the legal system, govern expectations".
each formulated in the
statutes and judgments of
judges.
 Purwadi, Wira., Djafar, Dadin E Saputra “The Relationship L. Mulyadi, “Penal Code Julita Melissa Muhamaad Ishar Helmi,
Mohamad Ali Akbar, Between Equality Before The Law Procedural” Citra Aditya Walukow , “The (2013) “Application of the
2 Principle Densi, Gilang Fatirah in Law Enforcement in Indonesia Bakti, (2007) Embodiment of the principle of equlity before
Equality Before “Application Of The and Harmonization of Conflicts Principle of Equality the law in the military
The Law Principle Of Equality Between Law Enforcement Before The Law for justice system” Jurnal Cita
Before The Law to Law Agencies” Inmates in Prisons in Hukum. Vol. I No. 2
Enforcement For The Indonesia” Lex et
Realization of Justice In Societatis,
Society” Vol.I/No.1/Jan-Mrt/
(2013)

The principle of equality The equality of position for every The principle of equality The principle of As a country of law,
before the law comes citizen before the law and the before the law is one of equality before the Indonesia must also apply
from the concept of the government is expected to be able the manifestations of the law is the principle by the principle of equality
legal state rule of law in to provide legal protection both to states of law (rechstaat) which there is an before the law, namely
the anglo Saxon legal the community and to the law with thye result that there equality in the law in the
system, which enforcement agencies or must be equal treatment every individual principle of equality
emphasizes three institutions themselves. Talk of the for everyone before the without any exception. before law. The
benchmarks, namely 1). realities of law enforcement in law (gelijkhheid van iedor constitution also explains
Supremacy of law, 2). relation to the principle of equality voor de wet), In the sense that every citizen has
Equality before the Law before the law, is more put that equality before the concurrent positions in
3). The constitution is forward in criminal justice law is a firm principle that law and government and
based on the individual's practice. indiscriminately applies is obliged to uphold the
rights. for perpetrators of crime law and government with
whether or net they are no authority (Article 27
former officials, officials, paragraph (1) of the 1945
public figures or law Constitution fourth
enforcement officials, amendment). Thus, all
regardless of ethnicity, Indonesian citizens receive
religion. equal treatment in the
eyes of the law, not
distinguished from a
position, ethnicity, caste,
or social strata. In daily life
 and in running the
government, there must
be no citizen who has the
privilege of treatment of it
the same, as citizens must
submit and obey legal
decisions and be behaved
the same if the law
catches them.
Ratih Lestarini, Herdis Sigit Sanyata, “Gender-Perspective Josina Judiari, Hamidah Muladi, “Democracy,
Herdiansyah,Tirtawenin Counseling Paradigm in Domestic “Psychological Abdurrachman “Legal Human Rights, and Legal
g Tirtawening, Dianwidhi Violence Cases”, Insight : Jurnal Intervention in Domestic Protection of Victims Reform in Indonesia,” The
Michelle Pranoto, “The Bimbingan Konseling (2019) Violence Examination in of Domestic Violence Habibie Center, (2002)
Co-Oxistence Of Laws PPA at Mataram Police in District Court
Regarding Domestic Station”, Jurnal Decisions as an
Violence CaseSettlement Psikoislamika Volume 10 Implementation of
: Rote Island, East Nusa Nomor 01 (2013) Victims' Rights” Law
Tenggara, Indonesia” Journal (2010)
(2019) 20 (2), Journal of
3 Domestic Violence International Women’s
Studies

Unlike other forms of Domestic violence is a cross-class,
violence, domestic cross-ethnic and interfaith
violence is particularly phenomenon. Reports of
special because of its domestic violence from year to
private and sensitive year are increasing both in
nature. quantity and quality. Domestic
violence is not only synonymous
with actions that lead to
criminalism such as beatings,
persecution, intimidation and body
harm. However, matters of a
spiritual emotional nature are also
Domestic violence can be
called a kind of oppression
which means an excess or
abuse of power and abuse
of violence to impose its
power from a person who
feels strong against a
weak person.
Domestic violence that Domestic violence is a
occurs between hurdle to development
husbands and wives is because violence can have
based on relationships unassuming cumulative
in marriage consequences, such as
institutions which are reducing women's self-
also regulated by the confidence, impeding
Civil Code or Law women's ability to
Number 1 of 1974 participate, interfering
concerning Marriage. with women's health,
Such a position of reducing autonomy in the
perpetrators and economic, political, social,
victims causes and cultural spheres.
 categorized as domestic violence.
Satjipto Raharadjo, “Civil Kunarto, “Police Ethics”, Cipta Harkristuti Harkrisnowo,
Police in Social Change Manunggal, (1997) “Reconstruction of the
in Indonesia”, Kompas, Concept of Punishment: A
(2002) Lawsuit Against the
Legislative and Conviction
Process in Indonesia”,
(2003)
domestic violence to
still be seen as part of
private law so that the
resolution of these
cases is more often
directed to peace or
resolved internally to
the family.
Arief, Barda Nawawi, Ryanto Ulil Anshar, Joko
“Some Aspects of Setiyono, “Duties and
Criminal Law Functions of the Police as
Enforcement and Law Enforcement in the
Development Policy”, Perspective of Pancasila:
(2005) Journal of Indonesian
Legal Development Master
of Law Study Program
Volume 2 (3), (2020)

One of the law enforcers The police in carrying out their The police are a sub- In Indonesia, society Law enforcement requires
that often gets the duties as law enforcement, not system institution in the and the police are that the police must stand
4 Police As spotlight is the police, only must they comply with the Criminal Justice System related to each other. on the rule of law. On the
Enforcement Law because the police are law that applies as an external that has the first and That the police are in other hand, the police also
the frontline in criminal aspect, they are also equipped foremost position. Such a the midst of carry out social duties
law enforcement, so it is with police ethics as an aspect in position by Harkristuti community life when where they must pay
not an exaggeration if the police. Police ethics is a norm Harkrisnowo is said to be they are seen from attention to the values
the police are said to be about police behavior to be used the gate keeper of the their duties and that live in the
a living criminal law, law as a guide in realizing the criminal justice system. functions, the National community.
in the book becomes law implementation of good duties for Police in carrying out
in action law enforcement, public order and their duties plays a
public safety dual role both as law
enforcement and as
social workers (social
workers) in social and
social aspects (service
and service)
 Karenina Aulery Putri Husna Pravita Amalia Tri Finta Vabiola, Afdal, Laksono, Wizarnadi; Lenny Herlina, Arfi
5 Case Data on Wardhani, "Legal Setyowati, Aris Purwanto, “Analysis Of Hasibuan, Syaiful Syamsun, Ida Lestari
Women as Victims Protection of Women Indojacmiko, Sri Lestari, “Forgiving Understanding The Asmi; Siregar, Fitria Harahap, & Pujiarohman.
of Domestic Victims of Domestic to Improve the Subjective Welfare Functioning Of The Family Ramadhani, “Socialization of the
Violence Violence (KDRT) at the of Women Victims of Domestic In Victims Of Domestic “Application of the Impact and Prevention of
Level of Investigation Violence, Indonesian Journal of Violence In Terms Of Level of Investigation Domestic Violence on
Based on Law No. 23 of Community Service (JPMI), Vol. Socioeconomic Status And of Domestic Violence Members of the "Sakinah
2004 concerning the 2(1), (2022) Cultural Background”, Crimes”, Journal of Family Development
Elimination of Domestic Journal of Education and Rectum: A Juridical Institution" Youth
Violence (UUPKDRT)", Counseling Volume 4 (4), Review of Criminal Communication Agency of
Journal of Legal Science (2022) Crime Handling, S.l, 4 the Indonesian Mosque of
Research (2), ISSN 2684-7973 West Nusa Tenggara”,
(2022) Scientific Journal of Service
and Innovation, 1(2), 115–
124 (2022).

Although the law on Data from the National
violence against women Commission on Violence against
has been regulated in Women (Komnas Perempuan)
the Human Rights Law, shows that women's violence is
cases of human rights the most reported case of
violations against violence, two-thirds of which (213
women still occur cases) are domestic violence cases.
frequently in Indonesia Data from the Legal Aid Institute
where there are around of the Indonesian Women's
24 million women or Association for Justice (LBH APIK)
11.4% of the total shows that there have been 110
population who domestic violence cases reported
experienced violence. since the implementation of the
PSBB (March 16 - June 20, 2020) or
half of the domestic violence cases
during 2020
Data compiled by National
Commission on Violence
against Women (Komnas
Perempuan), domestic
violence in Indonesia has
increased significantly
over the past 10 years. A
significant increase
occurred in 2021 which
has recorded 338,496
cases of violence against
women. When viewed
from the records in 2012,
there was an increase in
cases of 203,326 cases.
A study conducted by The increase in cases of
Dr. Diana Pangemanan violence against women
in 1999 in a case study during the Covid-19
in Jakarta showed that pandemic reached 178
women victims of cases until August 3, 2021
domestic violence are with details of East
always positioned Lombok Regency with 121
vulnerable to cases, Bima and
experiencing acts of LombokBarat Regencies
violence caused by the with 15 cases each,
following: 1. The Mataram City with 10
existence of cases, North Lombok and
unbalanced power Dompu with 6 cases each,
between men and Sumbawa with 4 cases,
women 2. The and Central Lombok with
existence of economic 1 case. Meanwhile, Bima
dependence on men City and West Sumbawa
3. Fear of reporting have no reporting. The
because of threats. 4. types of violence in the
 Law officers in this form of physical assault 60
case investigators still cases, trafficking 27 cases,
use the Criminal Code sexual 19 cases, psychic 13
solely and have a cases, neglect 5 cases,
legalistic paradigm in exploitation 1 case and
ensnaring domestic others 53 cases. Some of
violence cases. 5. these cases are processed
Inadequate Criminal legally and some are
Procedure Law to resolved by mediation or
handle domestic kinship, and of course it is
violence cases possible that many cases
comprehensively go unreported.

Based on the research conducted by the author so far, there are many articles and journals that discuss domestic violence in Indonesia. Even in the data collected, the level of
domestic violence every year is increasing due to several factors. However, of the many studies related to domestic violence, based on the definition of each element compiled
from various authors, no one has focused on examining how women are equal as victims before the law, especially in police agencies as the initial stage in reporting a criminal
act in the aspect of domestic violence.

Most of the articles discuss the factors of domestic violence and its regulatory weaknesses, or other research that examines the equality of legal challenges that focus on
criminal acts other than domestic violence. Other studies also discuss the role of police agencies or institutions related to the protection of women in Indonesia in handling and
tackling domestic violence both referentively and repressively. The data collected by the author related to the increase in the number of domestic violence crimes as mentioned
above is data taken from previously conducted and general studies, where the data is still temporary and in progress to collect more accurate data, especially data on the
increase in domestic violence cases within the scope of West Nusa Tenggara. However, as explained, the results of other studies revealed that the number of domestic violence
cases in Indonesia from year to year has increased. Meanwhile, the author chose domestic violence to be used as an aspect in this study because there has been no other
research that focuses on domestic violence as an aspect in testing the course of equality before the law as mandated in Indonesian laws and regulations. Some of the authors in
their study did discuss gender equality, but no one has focused on the equality of women as citizens who are entitled to the same treatment before the law in the aspect of
domestic violence, especially when dealing with police agencies in West Nusa Tenggara, Indonesia.

Based on research conducted related to how women get their rights before the law in the aspect of domestic violence cases after reviewing various related articles, compiling
data from related sources, and with support from real events collected directly or sourced from newsreports, there is a gap that has never been written by other studies,
especially about how women as victims of domestic violence in West Nusa Tenggara get the right legal protection, as well as the gap that occurs between what is mandated by
Indonesian laws and regulations, and reality, This research can provide direction and knowledge for various aspects, both women as victims of domestic violence and police
agencies as law officers and or other related institutions that deal with these crimes, about how everyone is treated equally before the law regardless of race, gender, ethnicity
and culture.
 ASSIGNMENT 3

References:

1. Atmadja. D.G, “Principles of Criminal Law in the Legal System” Kertha Wicaksana
Volume 12, Nomor 2 (2018)
2. Arief, Barda Nawawi, “Some Aspects of Criminal Law Enforcement and Development
Policy”, (2005)
3. Achmad Ali, Wiwi Heryani, “Asas-Asas Hukum Pembuktian Perdata” Kencana (2013)
4. G.W. Paton, “A Textbook of Jurisprudence”, Oxford University Press (1969)
5. Mahadi, “Legal Philosophy an Introduction” Alumni, Bandung 3rd Edition (2003)
6. Satjipto Raharadjo, “Civil Police in Social Change in Indonesia”, Kompas, (2002)
7. Kunarto, “Police Ethics”, Cipta Manunggal, (1997)

8. L. Mulyadi “Hukum Acara Pidana”, (Citra Aditya Bakti, 2007)

9. O. Notohamidjoyo, “For The Sake Of Justice And Humanity : Several Chapters Of
The Philosophy Of Law, CPC.” Gunung Mulia, (1975)
10. Dadin E Saputra “The Relationship Between Equality Before The Law in Law
Enforcement in Indonesia and Harmonization of Conflicts Between Law Enforcement
Agencies”
11. Julita Melissa Walukow , “The Embodiment of the Principle of Equality Before
The Law for Inmates in Prisons in Indonesia” Lex et Societatis, Vol.I/No.1/Jan-
Mrt/, (2013)
12. Muhamaad Ishar Helmi, (2013) “Application of the principle of equlity before the law in
the military justice system” Jurnal Cita Hukum. Vol. I No. 2
13. Josina Judiari, “Psychological Intervention in Domestic Violence Examination in PPA
at Mataram Police Station”, Jurnal Psikoislamika Volume 10 Nomor 01 (2013)
14. Muladi, “Democracy, Human Rights, and Legal Reform in Indonesia,” The Habibie
Center, (2002)
15. Harkristuti Harkrisnowo, “Reconstruction of the Concept of Punishment: A Lawsuit
Against the Legislative and Conviction Process in Indonesia”, (2003)
16. Ryanto Ulil Anshar, Joko Setiyono, “Duties and Functions of the Police as Law
Enforcement in the Perspective of Pancasila: Journal of Indonesian Legal
Development Master of Law Study Program Volume 2 (3), (2020)
17. Karenina Aulery Putri Wardhani, "Legal Protection of Women Victims of Domestic
Violence (KDRT) at the Level of Investigation Based on Law No. 23 of 2004
concerning the Elimination of Domestic Violence (UUPKDRT)", Journal of Legal
Science Research, (2021)
18. Husna Pravita Amalia Tri Setyowati, Aris Purwanto, Indojacmiko, Sri Lestari,
“Forgiving to Improve the Subjective Welfare of Women Victims of Domestic Violence,
Indonesian Journal of Community Service (JPMI), Vol. 2(1), (2022)
19. Finta Vabiola, Afdal, “Analysis Of Understanding The Functioning Of The Family In
Victims Of Domestic Violence In Terms Of Socioeconomic Status And Cultural
Background”, Journal of Education and Counseling Volume 4 (4), (2022)
20. Lenny Herlina, Arfi Syamsun, Ida Lestari Harahap, & Pujiarohman. “Socialization of
the Impact and Prevention of Domestic Violence on Members of the "Sakinah Family
Development Institution" Youth Communication Agency of the Indonesian Mosque of
West Nusa Tenggara”, Scientific Journal of Service and Innovation, 1(2), 115–124
(2022).
21. Susani Fadhila, Hendra Setiawan, “Framing Analysis of The News “Aceh Police
Rejects The Victims of Alleged Rape Because There is no Vaccine” On Vice Media
And CNN Indonesia”, Jurnal Pendidikan Tambusai 2614-3097 (2006)
22. Purwadi, Wira., Djafar., Mohammad Ali Akbar., Densi, Gilang Fatirah “Application of
The Principle of Equality Before The Law Enforcment For the Realization of Justice in
Sociaty” Journal of Legality Vol 15, No 1, (2022)
23. Laksono, Wizarnadi; Hasibuan, Syaiful Asmi; Siregar, Fitria Ramadhani, “Application
of the Level of Investigation of Domestic Violence Crimes”, Journal of Rectum: A
Juridical Review of Criminal Crime Handling, S.l, 4 (2), ISSN 2684-7973 (2022)

24. Ratih Lestarini, Herdis Herdiansyah, Tirtawening Tirtawening, Dianwidhi Michelle

Pranoto, “ The Co-Oxistence of Laws Regarding Domestic Violence Case Settlment :
Rote Island, East Nusa Tenggara, Indonesia” 20 (2), Journal of International Women’s
Studies, (2019)
25. Sigit Sanyata, “Gender-Perspective Counseling Paradigm in Domestic Violence
Cases”, Insight : Jurnal Bimbingan Konseling (2019)