Financial Exploitation by Spouse, a Crime in Private Space: An Overview based on Indonesian Legal System

Rahel Octora, Fauzan M.

2021

Abstract

Family is the smallest organization in the social structure. Family resilience affects community resilience and sustainability. An event that may disrupt family resilience is domestic violence, which from the perspective of Indonesian law, is regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence. In this law, violence is categorized into physical, psychological, sexual violence and domestic neglect. Domestic neglect is considered to be equivalent to financial violence, even though in the regulation, the concept of domestic neglect is formulated without adequate explanation. It may potentially bring up multiple interpretations in law enforcement. There are various action that fall into the category of financial violence, but this paper focuses on financial exploitation by spouse in a marriage. This paper uses normative juridical research method, using secondary data such as relevant laws and regulations, as well as various literature in the field of law. This paper will review how the current laws and regulations in Indonesia do not clearly regulate the act of financial exploitation by a spouse in a marriage, and its legal consequences. From a criminal law perspective, the act of exploiting one’s property is categorized as mala in se.

Paper Citation

in Harvard Style

Octora R. and M. F. (2021). Financial Exploitation by Spouse, a Crime in Private Space: An Overview based on Indonesian Legal System. In Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS, ISBN 978-989-758-604-0, pages 322-328. DOI: 10.5220/0010751500003112

in Bibtex Style

@conference{ice-hums21,
author={Rahel Octora and Fauzan M.},
title={Financial Exploitation by Spouse, a Crime in Private Space: An Overview based on Indonesian Legal System},
booktitle={Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,},
year={2021},
pages={322-328},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010751500003112},
isbn={978-989-758-604-0},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,
TI - Financial Exploitation by Spouse, a Crime in Private Space: An Overview based on Indonesian Legal System
SN - 978-989-758-604-0
AU - Octora R.
AU - M. F.
PY - 2021
SP - 322
EP - 328
DO - 10.5220/0010751500003112