PERLINDUNGAN HUKUM BAGI KORBAN KEKERASAN DALAM RUMAH TANGGA SEBAGAI TUJUAN PEMIDANAAN ( BERDASARKAN UU NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA )
| Main Author: | MAYLINA, NINA |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2014
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11522/1/PERLINDUNGAN%20HUKUM%20BAGI%20KORBAN%20KEKERASAN%20DALAM%20RUMAH%20TANGGA%20.pdf https://eprints.untirta.ac.id/11522/ |
Daftar Isi:
- Domestic violence is a crime with unique nature, since the perpetrator and the victim are member of a family. The Act of Abolishment of Domestic Violence provides legal basis on which certain action in a household was private in nature, turns into public concern which it due process of law should solves the conflict of interest between the victim and the perpetrator, where both could be protected in its exercises. The birth of Act Number 23 Year 2004 was a historical event in Indonesia as a breakthrough to eradicate all kinds of households based violence as realization of International Convention ratification about The Abolishment of Discrimination Against Women in all sectors. The research aimed to analyze how is the law enforced against domestic violence crimes in Indonesia penal justice system and how to implement legal protection for the victims in domestic violence crimes. This research is using legal sociological and normative approaches. Normative research is a kind of research conducted prior through studying legal annals related with the issue as well as actual rules and regulations. Sociological approach was needed to study the social reaction on a court decision. Approaches used in the research were regulatory and case based. The research emphasized on secondary data use in forms of primary, secondary, and tertiary legal materials. As to support the study on legal materials, field research also conducted through interviews. The research concludes that domestic violence crimes law enforcement in Indonesia justice system is still using the regulations on Indonesian Act number 8 Year 1981 about Penal Process of Law. The Act, in the term of penal law enforcement, should be used as a last resort. Yet, The Act of Abolishment of Domestic Violence Crimes, still unable to provide full protection for the victims.