PERTIMBANGAN HUKUM HAKIM DALAM MENJATUHKAN PUTUSAN TINDAK PIDANA PENELANTARAN DALAM RUMAH TANGGA

Abstract

Household neglect is not a new thing, because the fact of household neglect often occurs in the reality of society. The household is the place where a family is formed which includes husband and wife, children and people who live in the household at a certain time, but in reality the family is often the place for cases of neglect by one family member against other family members For example, husbands who do not support their wives, parents who leave their children abandoned, children who are abandoned by their parents. From a normative juridical perspective, household neglect is included in the area of domestic violence. The problem in this study is how to enforce the law against criminal acts of neglect in the household, and how are the judges' legal considerations in making decisions regarding criminal acts of neglect in the household. The type of research used is normative legal research. The nature of this research is descriptive analysis which is carried out by analyzing court decisions related to the problems studied. Source of data in this research is secondary data. Collecting data in this study by means of literature study through a review of laws and regulations, court decisions, books, legal journals and other legal documents related to this research. The results and discussion of this research are basically that in the settlement of criminal acts of neglect in the household through the judicial mechanism, there is also a disparity in the judge's legal considerations in making decisions, so a constructive solution is needed.