Legal Consequences Of The Revocation Of Complaints In Domestic Violence Crimes

Abstract

According to Article 1 paragraph (1) of the UUPKDRT domestic violence is any act against a person, especially a woman, which results in the emergence of misery or suffering within the scope of the household. Domestic violence is commonly referred to as a hidden crime that has taken many victims from all walks of life. Some forms of criminal acts regulated in the UUPKDRT are complaints. Complaints are the right of the victim to be prosecuted or not to be prosecuted because it concerns the interests of the victim. Thepurpose of the complaint is to protect the aggrieved party and provide an opportunity for interested parties to resolve the case in force in society. Theproblem that was studied was how to protect the law for victims of domestic violence and how the legal consequences of retracting reports by victims of domestic violence crimes. This research uses normative legal research methods. The approach used is a statutory approach and a conceptual approach. Protection of victims is any effort aimed at providing a sense of security to the victim carried out by the family, advocates, social institutions, police, prosecutors, courts, or other parties either temporarily or based on court determinations. To optimize the protection of victims, restitution needs to be integrated into the criminal justice system. Considering that restitution is a criminal institution that can provide benefits to victims, perpetrators, the state, and society. In addition to restitution, compensation can also be given to victims of domestic violence as an effort to protect the law. In the formulation of the 2008 Criminal Code Bill in Article 135 of the Criminal Code Bill, it is also formulated about the protection of victims of domestic violence, the legal consequences caused if the complaint is revoked, the prosecution becomes void. The revocation of the complaint on the complaint is an absolute requirement for non-prosecution. However, if the revocation of the complaint does not meet the provisions in accordance with Article 75 of the Criminal Code, then the revocation of the complaint cannot stop the criminal case.