PENERAPAN SANKSI HUKUM PIDANA KEKERASAN DALAM RUMAH TANGGA TERHADAP ISTRI BERDASARKAN UNDANG UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

Authors

  • Annisaa Fitria Fakultas Hukum, Universitas Pamulang
  • Bella Fannia Fakultas Hukum, Universitas Pamulang
  • Eni Umi Kolisoh Fakultas Hukum, Universitas Pamulang

Abstract

Often acts of violence are called hidden crimes. so called, because both the perpetrator and the victim try to keep the act a secret from the public's view and Article 10 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence states that victims of domestic violence are entitled to protection from the family, police, prosecutors, courts, advocates, social institutions, or other parties The nature of the research used is descriptive, this type of research uses quantitative research, the type of research used is normative legal research, the data collection method used in this study is secondary data obtained through library research, the type of data used is secondary data, secondary data consists of primary legal materials and secondary legal materials. Article 44 paragraph (1):â€Everyone who commits acts of physical violence within the scope of the household as referred to in Article 5 letter a shall be sentenced to a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 15,000,000.00 (fifteen million rupiah).†Meanwhile, the forms of violence contained in the PKDRT Law include physical violence (Article 6), psychological violence (Article 7), sexual violence (Article 8), and neglect of the household (Article 9). The protection expected by victims is protection that can provide a sense of justice for victims of domestic violence whose majority of victims are women. In principle, it is one of the phenomena of human rights violations so that this problem is a form of discrimination, especially against women and is a crime whose victims need protection from both government officials and the community. problems, especially regarding provisions in criminal law that require a criminal act to be prosecuted only because of a complaint.

 

Keywords : Sanctions, Domestic Violence,.Verdict

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Published

2023-03-23