Domestic Violence Crimes Research Articles

LEGAL PROTECTION COUNSELING FOR DOMESTIC VIOLENCE IN LAU GUMBA VILLAGE

The crime of domestic violence (KDRT) is a complex and multifaceted crime. The problem of domestic violence itself is actually a problem that often occurs in married life, but some people do not consider what they experience as a wrong act in the eyes of the law. Therefore, the public needs to be given an understanding of domestic violence, so that if domestic violence occurs or experiences, the victim can take legal steps. This outreach activity in the community is motivated by phenomena that occur in the community. The method used is a participatory method which is expected to play an active role in legal education activities in the form of; (1) Socialization in legal education regarding Law Number 23 of 2004 concerning Domestic Violence; (2) Question and answer session about domestic violence.

가정폭력범죄 피해자의 ‘매맞는 배우자 증후군(Battered Spouse Syndrome)’

Would the self-defense be established if the victim of a long-lasting domestic violence crime murders the perpetrator? There has not been a case in which the Supreme Court recognized the case of domestic violence victim murdering assailant as a self-defense. However, whether to recognize a justification in the murder of the perpetrator in domestic violence has been a controversial issue in the court of law, and the theoretical discussions are taking place in the academia of criminal law. In particular, as the discussion of accepting ‘Battered Spouse Syndrome’-the psychological concept-as an interpretive theory of justification is being actively reached, the sufficient understanding of victim of long-lasting domestic violence would enable the judgment of ‘murdering a sleeping perpetrator’ as a ‘self-defense against the present unjust violation’. This study aims to provide an understanding in relation with recognition of justification regarding the counterattack of domestic violence victim via reviewing psychological discussion about ‘Battered Spouse Syndrome’ in detail, which has been used as a basis of argument, acknowledging justification in a case of domestic violence victim murdering a perpetrator.

CONSIDERATION OF JUDGES IN DECIDING CASES OF DOMESTIC VIOLENCE CRIMES COMMITTED BY HUSBANDS TO WIVES COMMITTED BY HUSBAND TO WIFE

The purpose of this study is to examine the law enforcement and judges' consideration of the perpetrators of the crime of Domestic Violence committed by husband to wife in decision No. 233/Pid.Sus /2023/PN Ktg. This type of research uses descriptive qualitative with a normative juridical approach. Data collection using literature study. This research uses qualitative analysis with an interactive model. The results showed that law enforcement against perpetrators of domestic violence crimes that the defendant was sentenced to imprisonment for 4 (four) years. The judge's consideration in imposing a sentence on the crime of domestic violence was the beating committed by a husband to his wife in Decision No. 233/Pid.Sus/2023/PN Ktg is based on the testimony of witnesses, evidence and the testimony of the defendant, where the proof is sufficient if it is based on at least 2 (two) pieces of evidence plus the judge's belief.

2023년 헌법 중요 판례 평석 (Ⅰ)

This paper analyzed the meaning and content of major decisions on normative control among the Constitutional Court decisions made in 2023.
 The Constitutional Court made a constitutional decision on the provisions of the former School Violence Prevention Act, which stipulated a written apology as one of the principal's actions against the perpetrators of school violence.
 In a unanimous decision, the Constitutional Court ruled unconstitutional against the provisions of the 'Special Cases Act on the Punishment of Sexual Violence Crimes', which required life imprisonment or more than 7 years of imprisonment for the crime of forced assault on a residence. The above provisions were contrary to the principle of proportionality between responsibility and punishment.
 In addition, with a 4:5 opinion, the Constitutional Court sentenced a constitutional decision on the provisions of the former Act on Special Cases concerning the Punishment of Domestic Violence Crimes, etc., which did not stipulate the prohibition of access using mail in the victim protection order.
 In the opinion of judges 6:3, the Constitutional Court ruled that the provisions of the Immigration Control Act, which allowed the protection of those who were ordered to deport but did not establish an upper limit on the period of protection, violate the principle of excess prohibition and due process, violating the freedom of the body, and were not in accordance with the Constitution.
 The Constitutional Court recently ruled against the constitutional inconsistency with the consensus of all the judges on the former Act on Assembly and Protests, which bans rallies near the official residence of the National Assembly and punishes those who host rallies in violation of them, and the Public Official Election Act, which prohibits anyone from spraying printed materials or installing wreaths to affect the election from 180 days before the election day.

Challenges and promising practices in background check systems for firearm purchases

AbstractAimThe U.S. prohibits firearm purchase among individuals with specific risk factors. These prohibitions are operationalized using background checks for firearm purchase. Despite these restrictions, prohibited persons have obtained firearms after passing background checks, sometimes with devastating effects.Materials and MethodsWe conducted a mixed‐methods, descriptive study of the records and record‐keeping practices that underpin background checks for firearm transfers. Sources included key informant interviews with individuals working in a leadership capacity with state record‐keeping systems as well as data from state surveys and administrative records. We analyzed quantitative data using descriptive statistics and qualitative data using a thematic analysis approach to code the data and identify themes. Three investigators coded each interview. We returned to all data sources to develop key findings in an iterative process.ResultsKey informants described major improvements in the collection of specific record types that were previously a “black hole” (e.g. criminal history records housed in military justice systems, and records relating to involuntary commitments for mental illness) and advances in the automation of record transfer across agencies, themes corroborated by administrative data. Key informants also identified potential causes and solutions for challenges relating to missing or incomplete information and delays in resolving ambiguous background check results. Examples include manual processes for confirming relationship status in misdemeanor crimes of domestic violence and discordant practices for processing arrest and court records that result in dispositions that cannot be entered or arrests with no disposition.ConclusionBackground checks are the backbone of many policies designed to prevent firearm harm in the United States. This study highlights actionable ways in which states could make background check practices and policies more robust.

Proving the Crime of Domestic Psychological Violence

This research aims to determine the process of proving crimes of psychological violence in domestic violence cases and the factors inhibiting the process of proving crimes of psychological violence in cases of domestic violence. Based on the analysis of data and events, the author concludes that the process of proving psychological violence in cases of domestic violence must use Visum Et Repertum which has the power of proof/valid legal evidence in criminal cases in accordance with the theory of psychological evidence. The type of Visum et Repertum used is Psychiatric Visum et Repertum. From several conclusions examined, it is clear that the judge always bases his conclusions on the Visum Et Repertum submitted in the peace agreement. The inhibiting factors for proving psychological violence in domestic violence cases are made using the legal system theory put forward by Lawrence Friedman and as a result there are still differences in the understanding of law enforcement officials regarding the application of domestic violence laws. (the content of the law) gives rise to differences in perception. Apart from that, it took quite a long time from the incident to the Visum Et Repertum examination, so the autopsy results did not support the trial process (legal structure).

The Obscure Nature of Plea Bargaining in Domestic and Intimate Partner Violence (IPV) Crimes in Uganda: The Accused-Victims’ impugned Right to A Fair Hearing

The Uganda Plea Bargain Rules [the Rules] allow victims to participate in plea negotiations, which aligns with the international principle of the need to capture the victims’ voices in decision-making.[1] Victim participation can be from two viewpoints: the complainants as victims and the accused as both victims and perpetrators. The paper underscores the latter victims’ concerns, arguing that the accused can also be victims of the same offences they commit, orchestrated by domestic violence, in several ways: as victims of an act(s) of violence from their partners—the primary complainants (or victims) in their charges; or as victims of violence orchestrated by their partners, which cascades to their innocent loved ones—also as primary (or victims) in their charges, but regarding this category, some die or are affected immensely. These accused, as victims, have a high propensity to plea bargain in self-conviction, to come to terms with the reality of their offences, irrespective of guilt, involuntarily, equivocally, when not well-informed, and when their convictions are not fully factual-based; contravening the international standards of a plea bargain. This lapse fundamentally flaws their right to a fair hearing as this paper highlights. In a case study of Uganda’s High Court bargained trials from 2014 to 2021 entitled: An Accused’s Self-Conviction to End Trial? Plea Bargaining and the Right to A Fair Hearing in Uganda,[2] analysis of 66 convicts (45 men and 21 women) narratives revealed that 20 (30.3 %) conflicted with the law after domestic related squabbles. They wrangled with either a wife, girlfriend, boyfriend, father of their children or husband. Seventeen (85%) were later charged with egregious offences, mostly murders, stemming from these situations, with the majority having a history of a cycle of violence. They all plea bargained, regardless of gender or literacy levels. Gender-related roles and spaces compelled mothers to plea bargain as nurturers and fathers to plea bargain as family heads, irrespective of guilt. Justice Actors seem blind to the causes that compel such accused victims into criminality. This paper suggests reforms towards their protection, calling for the courts thorough inquiries to justify their convictions.

Penegakan Hukum Terhadap Tindak Pidana Eksploitasi Seksual Yang Dilakukan Oleh Suami Terhadap Istri

Today the crime of trafficking in persons in the form of sexual exploitation is increasingly common with various modes of operation, one of which is making the wife a commercial sex worker by her husband which can be seen in print and online media, where this can also be categorized as a crime of domestic violence. As an example of the case of the criminal act of trafficking in persons in the form of sexual exploitation committed by a husband against his wife as a commercial sex worker as stated in the Decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN. SDA, where in its application law enforcers, especially judges in court, only apply the provisions in the law on the crime of trafficking in persons even though the actions of the accused can be applied to the provisions in other relevant laws. This research is normative legal research by studying the applicable laws and regulations related to court decisions in the cases studied. The results of the study show that law enforcement of sexual exploitation crimes committed by husbands against wives in the decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN.SDA applies Article 2 of Law Number 21 of 2007 concerning Eradication of Trafficking Crimes People, but acts of exploitation by perpetrators and victims are bound in a legal marriage, so legally the application of the law can also apply Article 8 letter b of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the perpetrators can be subject to maximum legal sanctions for acts exploits that have been carried out.

Criminal procedural measures to protect victims of domestic violence

Protecting the victims of crimes is an objective of the judicial bodies to avoid the risk of revictimization, thus exercising their obligation to defend the fundamental rights of the person (the right to life, the right to health and physical and mental integrity, the protection of dignity, private life, the right to free expression etc.), as protected by a series of national and international normative acts.
 The criminal procedural measures for the protection of victims of the crime of domestic violence can belong to various criminal legal or criminal procedural institutions: general protective measures, regulated in art. 113 of Criminal Procedure Code related to art. 125-130 of Criminal Procedure Code, preventive measures, accessory and complementary punishments and administrative protective measures ordered on the basis of Law 682/2002 on the protection of witnesses.
 The development of Romanian legislation to complete the spectrum of available instruments, protective measures imposed by international legislation or inspired by the legislation of other states or from the recommendations presented by international experts, is necessary and would follow the trend on a European scale to harmonize the practices of physical and psychological protection of victims.
 Thus, the capacity of the judicial bodies to obtain the willingness of the victims to cooperate with the judicial bodies will be enhanced, the risks of exposure to any danger by participating in the trial being minimized, and they will be encouraged to adopt a sincere, unhindered attitude during the hearings.

Criminalization of Marital Rape in India : Legal Analysis

Marital rape is an evil practice in India. Domestic violence is not less or part of violence. Usually, victims of domestic violence are married women. The biggest threat to gender justice in India. Domestic violence has been around for centuries, but in the past women were not considered independent legal entities that could speak out or feel that what happened to them was wrong. Since then, domestic violence is not considered rape by Indian society. This is rarely resisted in society for various reasons. Domestic violence refers to violence perpetrated by the victim's partner. In the past, girls always thought that what their husband did was right, so they didn't think it was wrong or unfair. Indian lawmakers have been silent on the issue so far. The legislature of India has been given the most difficult task of enacting laws under the constitution of India for the safety, security and development of the country. But the legislature is not very interested in eradicating the crime of domestic violence from the community. So, in order to know more about marriage, let's learn its meaning and historical background and how the laws of different countries treat the human rights of marriage.

The crime of domestic violence and the crime of child abuse. Link, probation standard

The significant increase in the number of crimes of domestic violence, maltreatment of a child, particularly and unfortunately in general and especially during the SARSCOV-2 pandemic, affecting one in three women in the European Union (Explanatory Memorandum to the Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM(2022) 105 final[1], requires these types of crimes to be tackled from different perspectives. The same is true of child abuse offences, which in practice often raises the question of the standard of probation and the judge's margin of discretion. From this perspective, this study aims to analyse the link between these offences, as well as the fulfilment of the condition of proving the offence “beyond any resonable doubt”, within the meaning of criminal procedural law and the requirements of the European Convention on Human Rights and Fundamental Freedoms, without dealing with this standard of proof in particular, the concept being the subject of future studies.
 
 [1] https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:52022PC0105

Juridical Analysis of Evidence of Crimes of Domestic Violence Against Children (Research Study at Indragiri Hilir Resort Police)

In writing this thesis, it is entitled, proving criminal acts of domestic violence against children. Proving is the process of how evidence is used. Proving is providing sufficient grounds for those examining the case in question to provide certainty about the truth of the events being presented, provide certainty to the judge regarding the truth of the events that occurred, and make clear the problem of an act. crime and find the suspect. This research uses a normative type of research supported by empirical research and also data collection techniques carried out through interviews with parties related to the research topic. Apart from that, the author also conducted library research through books and literature related to the research topic. Next, the data obtained was analyzed qualitatively and then presented descriptively. Based on the results of research and discussions in the implementation of Proof of Criminal Acts of Domestic Violence, the results of this research are in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence, that all forms of violence, especially domestic violence, constitute a violation of human rights. and crimes against human dignity and forms of pecuniary discrimination must be eliminated. Therefore, the state and society are obliged to carry out prevention, protection and action. The problems discussed in this thesis are the process of proving criminal acts of domestic violence against children as well as discussing the obstacles and solutions faced by investigators in carrying out proof of criminal acts of domestic violence against children. Based on the research conducted, it was concluded that the factors that cause domestic violence are economic factors, infidelity, parental experience, knowledge, environment, low legal awareness, patriarchal culture and early marriage. The obstacles are the lack of evidence, and the slow pace of reporting victims, while the solutions that have been implemented overcome the obstacles of special attention from parents, the community and law enforcement.

The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal assistance in accessing legal aid in domestic violence cases are still low, especially people in the Sukabumi Regency area in terms of prevention and Legal assistance in domestic violence cases by Legal Aid Providers is still not well coordinated. Therefore, research was conducted with concrete objectives on how to step the strategy pattern of the role of the Legal Assistance and Consultation Institute (LBKH) Faculty of Law, University of Muhammadiyah Sukabumi, in tackling domestic violence crimes in Sukabumi. The research method used is descriptive-analytic, that is, explaining existing data from relevant materials and analyzing them with reference to juridical foundations. The wrong approach that will be taken is to make observations in advance of an existing problem by being studied qualitatively and quantitatively, making a pattern the concept of handling the provision of legal assistance between LBKH and the Local Village Area. The results showed that with a pattern of strategic concepts applied between the cooperation of LBKH and the local village government, it can be possible to emphasize domestic violence cases in Sukabumi Regency by also focusing on the concept of domestic violence together with social institutions, law enforcement, and other institutions. With legal aid institutions in the regions tackling domestic violence cases in the community, solutions can be found by forming a pattern of joint handling concepts both in terms of prevention and legal assistance can run effectively, especially so that the role of legal aid institutions in providing legal assistance for domestic violence cases is maximized, especially in terms of prevention and legal assistance.

Restorative Justice Treatment for Domestic Violence Crimes: A Qualitative Study

Domestic Violence Intervention Programs have become a key component in addressing domestic violence (DV) crimes. Recent research suggests that combining standard intervention programs with other approaches can improve overall effectiveness. The aim of this study was to examine the experiences of individuals court-mandated to treatment who completed either a standard intervention program or a restorative justice (RJ)-based hybrid intervention program combining a standard treatment program with RJ elements and Circles of Peace. Multiple interviews were conducted with participants ( N = 14) who completed one of the two programs. Qualitative data analysis was performed. Four major themes emerged: Communication and understanding, Changes in the nature of the violence, Changes in self-perception, and Program content and atmosphere experiences. The findings suggest that the hybrid intervention program may have a positive influence on the way participants perceive treatment effectiveness. Participants’ experiences may serve as a framework for improving approaches to DV treatment.

Law protects children from domestic violence

This community program aims to educate, motivate, and invite the general public, particularly mothers, to recognize the necessity of safeguarding children from abuse at home, as mandated by Law No. 23 of 2004 on the Elimination of Domestic abuse. Legal counseling is conducted on utilizing the method of substance presentation by the lecturer as the extension team, followed by discussion, giving feedback, opinions, impressions, messages, or criticism from the present participants, supervised by students as moderators. Knowing and comprehending the existence of the PKDRT Law, particularly regarding to the crime of domestic violence, it is intended that mothers will take part in disseminating this knowledge to persons in their social circle in an effort to prevent criminal acts of domestic violence.

Keadilan Restoratif Dalam Penyelesaian Kasus Tindak Pidana Kekerasan Dalam Rumah Tangga (KDRT) di Wilayah Hukum Polresta Padang

Generally, the resolution of a criminal case takes place through the criminal justice process, but it is not excluded that it can be resolved through other mechanisms. In the legal jurisdiction of Polresta Padang, there is a facility called Palanta Mediation. Palanta Mediation is one of the facilities for resolving criminal cases through mediation. One of the cases that can be resolved using the principles of restorative justice is domestic violence cases. The issues discussed concern the steps taken by the police at Polresta Padang in implementing restorative justice in handling domestic violence cases and the obstacles faced in applying the principles of restorative justice in handling domestic violence cases. The research method used is empirical juridical, by observing the phenomena that occur in the field in relation to applicable law. The police's steps in resolving domestic violence crimes involve bringing the parties together at Palanta Mediation. The obstacles faced by the police in resolving domestic violence crimes using restorative justice include inner conflicts that cannot be avoided, such as minor disputes between the parties

Consideration of Discerationary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases (Study at the Directorate of General Criminal Investigation of the Lampung Regional Police)

Background. Domestic violence (hereinafter abbreviated as domestic violence) is one form of violence that occurs in people's lives. The violence is often also referred to as dosmetic violence because it occurs in the domestic sphere, the problem of domestic violence is one of the important things that became a serious concern by the Indonesian government in the reform era. Purpose. How is the consideration of discretionary actions by the Police in the application of restorative justice to the resolution of domestic violence cases and how are efforts to overcome domestic violence crimes carried out by the Police? Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Consideration of Discretionary Action by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach. Efforts to overcome domestic violence crimes carried out by the police are carried out through several stages, namely pre-emptive, preventive, repressive containment efforts. Conclusion. Consideration of Discretionary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach in accordance with procedures to provide legal certainty for victims based on restorative justice requirements in solving domestic violence crimes and additional requirements based on the provisions of Article 3 and Article 5 of the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning Restorative Justice Handling of Crimes.

EFEKTIVITAS DISKRESI KEPOLISIN MELALUI PENDEKATAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KOTA BATAM (STUDI KASUS POLRESTA BARELANG)

The formation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT) which is one of the government's supports to eliminate all forms of violence as a form of crime of Domestic Violence (KDRT) can be subject to sanctions such as imprisonment or confinement. In this case the Effectiveness of Police Discretion through the application of Restorative Justice in criminal acts of domestic violence. Based on Law Number 2 of 2002 concerning the Indonesian National Police in article 18 paragraph 1 related to police discretion which reads For the public interest officials of the Indonesian National Police in carrying out their duties and authorities can act according to their own judgment. So in this case the police explained that for police discretion in terms of restorative justice the effectiveness here is to reduce the high rate of divorce and the existence of this Restorative justice is applied to restore the situation to how it was before and to provide a deterrent effect for perpetrators not to repeat it. With the existence of restorative justice, the police also stated that 80% had a deterrent effect on the perpetrators and 20% had repeated crimes due to light hands or economic aspects.

Pertimbangan Hakim dalam Memutus Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga

This study aims to find out and understand the judge's considerations, which is one aspect that is crucial in determining the realization of the value of a judge's decision that gives a sense of justice (ex aequo et bono). From legal considerations that are considered prismatically, it will produce values ​​of legal certainty, justice, and benefits simultaneously. This research is a normative legal research conducted by examining laws and regulations, books, and journals related to the writing theme. Based on the results of the research, it was concluded that the criminal responsibility of perpetrators of domestic violence based on court decisions consists of 2 components, namely juridical considerations, namely judgments made by judges based on judicial facts that were revealed at trials determined by law and required to be included in decisions and non-juridical considerations based on legal provisions and a sense of social justice. As for implementing restorative justice in domestic violence cases, it is applied as a consideration to protect family coherence, especially in fortifying children's futures. Humans think the best way to help victims of crime is to catch the criminals. By paying attention to the Law on the Elimination of Domestic Violence and the Criminal Procedure Code, the results of court decisions relating to crimes of domestic violence consider the concept of punishment based on restorative justice which is oriented towards recovery efforts and the interests of the perpetrator and the victim of the crime carried out through 5 methods, namely the sufferer culprit mediation, own family organization conferencing, restorative conferencing, community restorative forums, and restorative circles or restorative

Effects of the COVID‐19 pandemic on domestic violence in Los Angeles

AbstractFrom the onset of the COVID‐19 pandemic, policymakers and news reports warned that restrictions on individual mobility and commercial activity could lead to a surge in domestic violence (DV). Some initial studies found evidence of greater DV incidence during the pandemic, but findings were inconsistent across locations and DV measures. This paper focuses on a single major city, Los Angeles (LA), to study the impact of the initial pandemic shutdown. We use three DV measures from police data (911 calls, crime incidents and arrests) as well as two measures from non‐police administrative sources (the county DV hotline and hospital records). We find an increase in DV calls to the police and calls to the hotline. However, we find that DV crimes recorded by police and hospital visits by female assault (and DV) victims decreased significantly, suggesting that the increase in calls came from higher reporting rates. The decrease in DV crimes is not attributable to reductions in policing intensity, as the arrest rate for DV crimes was higher during the shutdown. We conclude that the initial LA shutdown increased the rates at which people contacted authorities about DV, but decreased the overall incidence of physical DV crimes in the population.