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  • Family abuse

    Hi!

    I’ve been reaching out to different law firms with the exact same questions as I will post here, so I will simply paste one of the emails I already sent. I really hope you guys can help us out on this one.


    Greetings!

    I have a few short questions regarding Indonesian family law. I’ve searched the Internet for English translations but ended up on your web portal.




    I recently moved to Northern Sumatera and here I have a neighbour that is treated very bad, and this has gotten me to wonder how the Indonesian laws can help protect her.




    My neighbour is 24 years old and untill recently lived by herself and worked in Jakarta. Not earning that much, but was financially independent from her family. For no apparent reason she was ordered to return home. During her upbringing she has been subject to raw physical and mental abuse from mainly her dad and her brother. There might have been some sort of sexual abuse aswell, however her memory of it is vague. She shows some symptoms of what I think is ptsd, being depressed, extremely anxious as soon as she is close to home and completly breaking down when the father starts to threaten her. Something she thought she would get rid of when living by herself, but instead the father forced her to quit her job and move back.


    Back in her parental house, she is daily subject for mental abuse and threats of violence. She is not allowed to leave the house as she wish and meeting people outside of her family, even if allowed for a limited time, will always be greeted with new threats when she returns home.




    In fear of getting completly cut off from from the outside world, getting forced to marry, being raped or even killed (since the father has a history of attempting to murder another family member), she of course wants to leave. For some reason she is allowed to look for a new job (currently forced to work for her brother in law).




    Now to my questions, which is about her legal ways of getting out.




    Getting a new job, which she most probably is about to accomplish, will grant her a salary that will make it possible for her to live without any economical support from her parents, as she did during her time in Jakarta. By Indonesian law, is this counted as ”financial independent?”




    My Bahasa is terrible, and haven’t been able to check it myself, however my Indonesian collegues are giving me four different versions of the following. A person becomes legally an ”adult” at the age 21, 27, when he/she becomes financial independent or when he/she gets married. Which of these are true, if any?

    In order to get married in the future, she needs legal documents showing that she hasn’t been married before. These papers are something that her father keeps to himself in fear of her running away to get married with a man she went out to a dinner date with once - something her mother promised her she was allowed to do. Given the answers to the questions above, how can she legally abtain that document?

    Lastly, is it even legal for her father to threaten her with violence/beatings? What can she do about it?

    Best regards,

    After I wrote this mail, things got worse. A few hours ago both her parents and her sister started to hot her. They stroke her face and chest and her dad choked her. Please advice on this one. We are both fearing for her life.

  • #2
    I will see later other information about it .

    For now , see if this can help :

    http://lbhapik.or.id/tentang-kami/

    APIK - Indonesian Women's Association for Justice
    - Providing assistance and legal assistance for women who experience injustice, violence and various forms of discrimination;
    - Conduct and encourage changes in gender justice policies and systems
    - Empowering community legal resources
    - Building networks with various organizations and encouraging collaboration with various organizations with similar vision and mission;
    - Encouraging the formation of APIK-LBH APIK LBH in various provinces;
    - Strengthening the capacity of institutions at the level of the LIK APIK Indonesia Association and local LBH APIK

    Note : If necessary , Google Translate .
    Last edited by marcus; 07-08-18, 10:46.

    Comment


    • #3
      Originally posted by CabaiRawit View Post
      (1) ... A person becomes legally an ”adult” at the age 21, 27, when he/she becomes financial independent or when he/she gets married. Which of these are true, if any?

      (2) In order to get married in the future, she needs legal documents showing that she hasn’t been married before. These papers are something that her father keeps to himself in fear of her running away to get married ... how can she legally obtain that document?

      (3) Lastly, is it even legal for her father to threaten her with violence/beatings? What can she do about it? ...

      (1) There are different ages stated in different Laws/Regulations , most of them defines the adult age as 18 y.o. The highest limit stated is 21 y.o. , so there is no doubt that your neighbour is adult .

      (2) In theory anybody can officially marry at the age of 21 without the parent's consent (see Law below) . But due to the many documents required to marry , I guess the parents can make it difficult by not providing a copy of the documents like KK (Family Card) , for example . I still don't know what to do if this is the case .

      (3) Real beating is not allowed by Law (see below) , but just threats may not be punishable .


      ----------------------------------------

      UU no.1 , year 1974 (Marriage Law)
      Article 6
      (1) Marriage must be based on the agreement of the two prospective brides.

      (2) For a marriage to a person who has not reached the age of 21 (twenty one) years , she/he must obtain permission from both parents.

      (3) , (4) , (5) , (6) .


      ----------------------------------------

      From http://www.hukumonline.com/klinik/de...at-atau-ringan , Apr 2015

      [ ... If someone has been beaten with blue bruises due to beatings, the beating was classified as persecution. The crime of persecution itself is regulated in Article 351 of the Criminal Code :

      (1) Persecution is subject to imprisonment of a maximum of two years and eight months or a fine of a maximum of four thousand five hundred rupiah.

      (2) If the act results in serious injury, the guilty person is threatened with a maximum imprisonment of five years.

      (3) If it results in death, it is threatened with a maximum imprisonment of seven years.

      (4) With persecution equated deliberately damaging health.

      (5) The attempt to commit this crime is not punished.


      ----------------------------------------


      http://www.hukumonline.com/klinik/de...ndang-undangan , Feb 2016 (child/adult ages in Laws/Regulations)


      Comment


      • #4
        Fist thing you do is report to police! At least they can put her in safe place first if she willingly to accept help.

        in Indonesia, if you are earn your own money basically you are independent but for many tribe, women are differents issues. When you are not marriage, you are bond to family tradition rules not to the law. But if she accept the help than she will be move out from that house, so basically she will be independent...find her own job, date any guy she want and no family off course.

        paper document wise, she can go later to get new one so dont worry. I did it once...she need to know..she be ok...get help and out!

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