TASK ANTROPOLOGY OF LAW

VIOLENCE AGAINST WOMEN IN KUPANG , ATAMBUA , AND

WAINGAPU AS A RESULT OF PATRIARCHAL CULTURE

ARANGED BY:
RATRI NUGRAHENI WINEDAR K.P.
11010113140539
G

FACULTY OF LAW
DIPONEGORO UNIVERSITY
2015

Definition of Patriarchal Culture

According to Mascionis, patriarchy is a form of social organization in which men

dominate women.The male have a value much appreciated. Male violence against women
came from power of male and male also want to retain power. View of patriarchy itself can
not be separated from the male gaze on female body. Like what was said Kristi
Poerwandari (2002 : 117-118 ) , in explaining violence against women, we must start from
an understanding of body. In this case we can use reasoning Simone de Beauvoir, a French
feminist origins. He opened the realization that (almost) all the way in women's history,
they have become 'that Other'. How women long as it's defined as 'that Other', including at
the end of discourse among women themselves. In understanding women as 'that Other '
this, de Beauvoir began by examining the body. He said the women had been considered as
the uterus, and it seems it has become the origin of the extraordinary meaning. Women
were forced to distance himself subjectivity. Male biological situation that is less complex
interpreted as superior, enabling them to affirm its status as a subject. While women as 'that
Other ', roles and tasks are defined by men. Patriarchal culture that developed in the
community cause various effects. The most visible impact in the life of society is the
emergence of gender discrimination, especially violence against women.
Patriarchy is a system of kinship that concerned paternal ancestry line 1.
Etymologically, patriarchal be related to the social system in which the father controls his
entire family, his possessions, as well as economic resources. He also makes all the
important decisions for the family. In a social system, cultural (also religious), patriarchy
emerged as a form of belief or ideology that men of higher social status than women; that
women must be mastered even be regarded as the property of men. This patriarchal system
entrenched in all people's lives both in the social sphere, culture, education, language,
politics, economics and law. This is because patriarchy is constructed, institutionalized and
socialized through the institutions involved in everyday life such as family, school,
community, religion, place of work to the state policy. Sylvia Walby (1993 ) makes an
interesting theory about the patriarchy. According to him, Patriarchy it can be divided into
two, namely private patriarchy and public patriarchy. The core of his theory is the
1 Lihat : Kamus Besar Bahasa Indonesia. Departemen Pendidikan dan
Kebudayaan. Cet. Balai Pustaka 2001. Hlm. 654

expansion has occured manifestation of patriarchy, of personal and private space such as
family and religion into the wider region, namely the state. This expansion causes the grip
of patriarchy continue to succeed and dominate the lives of men and women. From the
theory developed Walby , we can know that the private patriarchy leads to the home
territory tangga.Wilayah these households Walby said as the main initial area of male
power over women . While public patriarchy occupying public areas such as employment
and the state . The expansion of this form of patriarchy change both holders of the
"structures of power" and the conditions in each region (both public and private). In the
private sphere , for example in the household , which holds power in the hands of men , but
in the public sphere that holds the key to power in the hands of the collective ( the
management of state and society which must be in the hands of many people , who in
general can also man). Then be no surprise if the products of the country and its people is
very strong patriarchal culture of her. The inequality of men and women by scientists are
also increasingly clearly distinguishable as Pythagoras (1993), as told by Aristotle create
table classifying things or elements that are opposite (binary opposition). From a table that
has been created Pytagoras is seen that men and women are not only positioned as
"different" but also "opposite". Pytagoras of the table created becomes apparent that the
differences between men and women is not only associated differences in physical
differences but also can be linked from the issue of other issues. As with Pytagoras,
Aristotle also thought that men of higher social status than women. superiror men and
women are inferior. Superior regulate the inferior, and the inferior must be willing to be
regulated. A table containing elements of opposites also clearly explain this. Naturally men
and women are significant: superior and inferior, regulator and regulated, soul and body,
reason and passion, humans and animals or beings are free and slave. Women are men are
impotent. Women are creatures of the coldest and weakest in nature. That he said the best
example to see any deficiency (lack of) nature is in observing women.

Definition of Violence Against Women

Violence against women is itself actually included in gender-based violence affecting
children and women . The scope of GBV (Gender-Based Violence) among others as noted
by Jeanne Ward:

(GBV refers to) any harm that is perpetrated against a persons will; that has a
negativeimpact on the physical or physicological health, development, and identity
of the person; and that is the result of gender powered inequities that exploit
distinctions between males and females, among males and among females.
Although not exclusive to women and girls, GBV principally affects them across all
cultures. Violence may be physical, physicological, economic or sociocultural
(savethechildren.org. hlm. 12).
Tina Johnson in his article mentions (2004 : 1) that GBV is violence committed against
individuals based on their gender. One of the forms of GBV are rape and other sexual
offenses. Most of the victims came from the women's group and girls although men and
boys may also be korbannya.Tempat occurrence of gender-based violence is so infinite: the
space public and private.
The UN Declaration on the Elimination of Violence against Women in particular
illustrates that violence against women is:
A manifestation of historically unequal power relations between men and women,
which have led to domination over and discrimination against women by men and
to the prevention of the full advancement of women and as one of the crucial social
mechanisms by which women are forced into a subordinate position compared with
men.
Violence against women, according to some literature quote above refers to the
occurrence of acts of violence committed more because of gender status of the patriarchal
culture, and age cause unequal relationship between the perpetrator and the victim. In some
cases, inequality relationship is reinforced by the social and economic disparity between
the perpetrator and the victim. So it is important to understand that gender-based violence
including sexual violence in it occurs not merely because of the boost sexual desire but
rather an expression of the power of a person or group of persons or other groups.
The indigenous peoples of Indonesia, there are values in the custom valid
significantly. But along with the development of society, the values are also reinterpreted
by members of the community. Reinterpretation of the impact varied. One example is the
reinterpretation done by members of indigenous communities in East Nusa Tenggara to the
'bride price'. In Nusa Tenggara Timur, known in the proposed of belis system. Belis,
likened to a dowry. Belis defined form it consists of coins (gold, silver, and copper),
livestock (buffaloes and pigs), woven fabrics. At the next practice, as a result of
developments in society, belis system is then given a different meaning. Belis, precisely
placing women not unlike trade commodity. Women who will be married, as if a certain

price given by his family. The price to be paid by the men. As was the case in the area of
Kupang, Atambua, and Waingapu.

Explanation of Violence Against Women In Kupang, Atambua, and

Waingapu

According to data obtained from informants in Kupang and Atambua, cases of

violence against women, especially wives occurs because of changes to the belis
perspective. Belis was significant that in order to get a wife is not easy for the woman to be
cherished. However, in the course of time there is a shift in the meaning of belis it. Male
party because he felt had to spend some money to be able to marry, assume that the woman
has become his wife when it has status. It often happens that the cases of violence against
his wife in the home caused by the man assumes that his wife is the property that can be
treated casually. When the wife was considered no longer meet the criteria of a husband, a
wife can only accept violence or neglect or treated pleased husband. In Kupang and
Atambua issue (Outcome) domestic violence against women nor possible to be solved by
custom. But based on the research findings, the choice of women to settle the case against
him by custom more common in Atambua than in Kupang.
Waingapu cases of violence against women usually are domestic violence
(husband on the wife or the father of the child or umbu against slave) and sexual violence
(rape). Had told also that in cases of this kind, the settlement in the family take precedence.
If there is no agreement then be taken to the police. In the context of Waingapu, it may
happen that the cases that have been brought to the police still pursued by the parties to be
resolved amicably though the police have done the investigation process. Settlement of
cases of violence against women and children in Waingapu apart based mechanisms and
the customary law or the law of the State, it also uses other mechanisms. As for the socalled other mechanisms that are sort of making an agreement on paper stamped and
witnessed by a family other than the parties also by the traditional leaders, religious
leaders, village chiefs and even the police. In the village of Hambapraing, East Sumba, as
an example the case of infidelity between a man who has a family with a woman neighbor
who was also married. This affair raises the ire of cases the husband of the woman who
became the affair. The husband complained to the Chairman of the RT and the local village

chief. Then the case is finally resolved through an affidavit made by both sides in front of
the village chief and witnesses.
In the cases of violence against women in the three regions in the province, there
is some resolution mechanisms. For cases of psychological violence or neglect in the form
of family, women still choose to resolve it's customary law. it happens because of marriage
by local residents are still seen not only limited to bind the husband and wife, but also a
large family of the husband and the wife's large family. Options to resolve the case by
customary law be taken to avoid a rupture of relations between large families and to
dampen disgrace. In the case of violence against women that lower social status, the choice
of settlement are not numerous and very dependent on the discretion of the parties who
have a higher social status. Waingapu for example, the violence that occurs in the slave
woman, the solution will be very dependent on the sense of justice of the Umbu or signs.
In Kupang and Atambua, fatal cases of violence such as murder or rape, by a majority of
families were herded into the realm of state law.
In the context of cases of violence against women that occurs in societies where
family ties are still strong and also social and cultural values are still considered to be
binding, it can be said there is indeed still a very varied options for obtaining the settlement
of the case. As has been explained previously, in resolving the case may be for the crime,
the case resolved through the mechanism of the law of the State by way of report to the
police. However, for the recovery aspect of the relationship between family offender with
the victim's family or the local community, the mechanism chosen is based on customary
law.
Outside the settlement through the mechanism of customary law or state law
mechanism or by a combination of both for different aspects of violence against women,
based on the above explanation turned out another option. The option of making an
agreement is an agreement between the perpetrator and the victim were signed by both
parties on paper stamped and witnessed by community leaders both religious leaders,
traditional leaders and local authorities. This form of settlement even though wrap its
modern character in the form of letters of agreement, but involves also the principles of
customary law in it such as 'light' which is in public, and cash - in which after the
agreement is signed, the fine must be paid within form of eating together. Costs or food for
the common meal was provided by the parties involved in the dispute.

BIBLIOGRAPHY
Bohannan, Paul J. Edisi terjemahan Antropologi dan Hukum dalam T.O. Ihromi (ed.).
Antropologi dan Hukum, hlm. 44-53. Jakarta: Yayasan Obor Indonesia, 1993.
Ihromi, Tapi Omas. Kata Pengantar dalam T.O. Ihromi (ed.), Antropologi dan Hukum,
Jakarta: Yayasan Obor Indonesia, 1993..
Departemen Pendidikan dan Kebudayaan. 2001. Kamus Besar Bahasa Indonesia. Balai
Pustaka
Retnowulandari, Wahyuni. 2010. Budaya Hukum Patriarki versus Feminis. Jurnal Hukum
Vol. 8 No. 3:23 (Januari 2010)