Elimination Of Domestic Violence Research Articles

Legal Implementation of Domestic Violence: A Case Study of Military Justice and Social Issues in Ambon, Indonesia

Law enforcement of domestic violence (DV) cases involving members of the military in Indonesia presents unique and complex challenges, particularly as it involves the overlap between general criminal law and military criminal law. This study analyses the relevant legal foundations, namely the Military Criminal Code (KUHPM) and Law No. 23/2004 on the Elimination of Domestic Violence (PKDRT Law), in the context of handling domestic violence cases committed by members of the military. Using a case study method and interviews with victim-witnesses, this research reveals that the application of the law against domestic violence in the military often faces obstacles due to the military hierarchy and strict corps values. The research findings suggest the need for stronger integration between military and civilian legal frameworks, as well as policy reforms in the procedures for handling domestic violence cases in the military to ensure fairer and more transparent justice. In addition, the study also proposes the establishment of a special unit to handle domestic violence in the military, improved gender-sensitive training, and stricter implementation of a "Zero Tolerance" policy to prevent and effectively handle domestic violence cases. These reforms are expected to strengthen military integrity and discipline and protect the rights of victims of domestic violence in Indonesia.

KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU YANG MELAKUKAN KEKERASAN DIHADAPAN ANAK

The current legal provisions do not yet regulate matters related to children's mental development, for example in cases of violent crimes where the position of children is as a witness. There have not been many studies on criminal law policies towards perpetrators who commit violent crimes against children. This research aims to find out the current policy formulation regarding perpetrators who commit crimes of violence in the presence of children using normative legal research methods which focus on research on the substance of the law, namely on the law currently in force (ius constitutum) and the desired law. aspire (ius constituendum). Regarding policies towards perpetrators who commit violence in front of children in future criminal law, whether in the Criminal Code, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Human Rights Protection Law, the Victim Witness Protection Law, have not yet accommodated acts of violence committed by perpetrators in front of children. specifically (special article), for example, for this act there are criminal penalties that must be imposed on the perpetrator considering that the incident witnessed by the child greatly affects the child's mental health and it is possible that the child's mental health will become disturbed

Pemidanaan Terhadap Pelaku Kekerasan Dalam Rumah Tangga (Putusan Nomor 129/Pid.Sus/2021/PN.SdaP)

Physical violence is defined as an act causing the victim pain, suffering, or significant losses. An example of domestic physical violence is found in Decision No. 129/Pid.Sus/2021/PN. Sda. This study investigates two key issues: 1) Whether the criminalization of perpetrators in Decision No. 129/Pid.Sus/2021/PN. Sda meets the provisions of Article 44 Paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence? 2) Whether the punishment in Decision No. 129/Pid.Sus/2021/PN. Sda fulfills the objectives of criminal law? Using a normative juridical approach and library research method, the findings indicate that, per Article 44 Paragraph (1) of Law No. 23 of 2004, the perpetrator should have received a five-year prison sentence. However, the decision did not comply with this legal requirement. The study concludes that the punishment given does not align with the legislative model theory, suggesting a need for a five-year prison sentence. Moreover, the combined theory on the purpose of punishment, which includes providing a deterrent effect and offering guidance to the perpetrator, was not met in this decision. This highlights the necessity for a stricter application of the law to ensure both justice and rehabilitation.

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Nusyuz and Domestic Violence in the Perspective of Islamic Law and Positive Law

Nusyuz, which is textually understood as a wife who does not obey her husband, does not permit her husband when she wants to leave the house and the permissibility of husbands hitting their wives, which is considered legal by the Qur'an as stated in Q.S. An-Nisa: verse 34, improper interpretation, it leads to physical and psychological violence in the household and leads to disharmony and even triggers divorce. All forms of violence against spouses are not legalized in either the positive legal value system or Islamic law. The purpose of this research is to discover how the concept of nusyuz and alternative solutions to nusyuz are allowed and their handling from the perspective of Islamic law and positive law. This research uses a library research method (normative law), and uses a descriptive analytical research type, and the research results are analyzed qualitatively, by examining existing regulations. Both women and men can commit Nusyuz, a husband can be said to have committed nusyuz if he relinquishes his responsibility towards his wife. Beatings carried out by husbands against nusyuz wives based on surah An Nisa 34, are not freely legalized but only to awaken and return the wife to obedience, not blows that cause pain and even injure. Positive Law contained in Law No. 23 of 2004 concerning Elimination of Domestic Violence is very firm in not allowing beatings and eliminating domestic violence and even criminal sanctions for perpetrators, both husband and wife.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK ISTRI KORBAN KDRT PASCA PERCERAIAN BERBASIS NILAI KEADILAN DALAM HUKUM ISLAM DAN HUKUM NASIONAL

This article examines the issue of forms of legal protection for the rights of wives of domestic violence victims based on the values of justice. This is because victims of domestic violence are increasing from year to year, even though there is a Law on the Elimination of Domestic Violence, this phenomenon still continues. Therefore, this issue is important to study in order to get a clear picture of the forms of legal protection that can be obtained by victims of domestic violence. The research approach is a qualitative approach with a normative juridical scientific approach, the data is in the form of secondary data sourced from statutory regulations and studies of Islamic jurisprudence literature. In the discussion it was revealed that: Firstly, the forms of legal protection in legislation are classified into: 1). Preventive action, namely a form of legal protection by clearly regulating the rights and obligations of husband and wife, this has been regulated in the Marriage Law and KHI. 1). Repressive action, namely a form of legal protection when domestic violence has occurred, then this falls into the category of criminal law where the perpetrator is threatened with a crime, this has been regulated in the 2004 Domestic Violence Law. Secondly, in Islam legal protection is more comprehensive, by regulating the laws between husband and wife, both laws relating to civil matters during and after divorce. Likewise, Islam clearly provides legal protection for victims of domestic violence, by enforcing hudud penalties for perpetrators of domestic violence.

Empirical Study of the Occurrence of Domestic Violence in Banggai Regency, Central Sulawesi Province

The smallest social unit in society is the household or family, and this has a significant impact on the personality development of each family member and the way they interact with other people. The aim of this research is to identify the causes and various forms of domestic violence in Banggai Regency, Central Sulawesi Province. and Factors influencing the occurrence of domestic violence in Banggai Regency, Central Sulawesi Province. This research uses empirical methodology, with data sourced from literature reviews and field investigations. The research was conducted in Central Sulawesi Province, in Banggai Regency. collecting information in the field through field work, interviews and observations. After that, qualitative descriptive analysis was used to test the data. Research findings show that in Banggai district, Central Sulawesi Province, there are very frequent cases of domestic violence where the victims are generally women. In addition, a number of laws and regulations have been enacted to protect women who are victims of domestic violence. Law Number 23 of 2004 concerning the Elimination of Domestic Violence is one of the legal regulations that specifically regulates domestic violence. However, the many laws and regulations governing women's safety do not adequately consider women's needs to protect them from crimes involving domestic violence. Economic problems, social media, adultery and drug use are key variables that influence the incidence of domestic violence. So it is hoped that the government, police and society can work together to combat acts of domestic violence in order to minimize physical, psychological and sexual domestic crimes and create a harmonious household environment.

Legal Protection for Victims of Domestic Violence

Domestic violence remains a pervasive issue globally, often leaving victims without a sense of justice or adequate protection. In many cases, resolutions fail to address the needs of domestic violence victims, perpetuating their suffering and leaving them vulnerable to further harm. Recognizing the severity of this issue, the implementation of legal protections outlined in Law Number 23 of 2004 concerning the Elimination of Domestic Violence is crucial. The research method employed by the author utilizes a normative legal approach, focusing on legal norms within statutory regulations. By gathering primary and secondary legal materials, the author examines the problem of domestic violence and seeks to align findings with established legal principles. This methodological approach, supplemented by literature reviews, enables the author to conclude the unequal dynamics within marital relationships that perpetuate domestic violence. Legal protection for victims of domestic violence is paramount as all forms of violence, particularly within the home, constitute human rights violations. Victims endure physical, psychological, and sexual abuse, as well as neglect, resulting in profound suffering and loss. Ensuring the protection of victims' rights is imperative to deliver justice and alleviate their trauma. However, many victims hesitate to report domestic violence due to feelings of embarrassment or fear of further harm. This reluctance underscores the critical need for comprehensive legal protections that prioritize the safety and well-being of victims. By fostering an environment of support and empowerment, victims can feel more confident in seeking justice and breaking the cycle of abuse. In conclusion, addressing domestic violence requires a multifaceted approach that combines legal enforcement with social support systems. By upholding the principles outlined in Law Number 23 of 2004 and providing comprehensive protections for victims, society can work towards eradicating domestic violence and ensuring justice for all.

Legal Analysis of the Criminal Policy on Incest in Indonesia According to Law No. 1 of 2023

Setting the crime of incest is in Article 46 of Act No. 23/2004 on the Elimination of Domestic Violence and Article 81, paragraph (1) of Act No. 23/2002 on Child Protection. However, the setting does not include the crime of incest committed by the parents of the child. In order to reform the criminal law, a new formulation of the article should be added to encompass parents who commit the crime of incest against their son. This should be done by weighing the criminal sanctions (existing criminal penalties plus one-third).

WIFE BEATING IN SOCIAL AND LEGAL PERSPECTIVE IN INDONESIA

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>This study aims to determine the act of wife beating according to the views or perspectives of sociology and law in Indonesia and also to find out the thoughts and understanding of Law Number 23 of 2004 concerning the Elimination of Domestic Violence in terms of loading on sanctions for perpetrators of wife beating. The techniques used in data collection through normative research and social aspects are further methods of collecting matari and literature data from, legislation, and various reading sources with national and international integration, used analysis techniques in qualitative form. The conclusion obtained is that in terms of sociology and law in Indonesia the act of beating a wife is an act that is prohibited both in terms of sociology and law, but in the application in society there is still a development of misunderstanding and ignorance in this matter. In solving the problem, the presence of regulations of Law No. 23 of 2004 concerning the Elimination of Domestic Violence is not only seen, read and heard but also implemented properly, because it requires a combination of personal and social matters, and is supported by a strict legal system in taking action against the perpetrator, providing very strict legal sanctions and also appropriate for those who commit acts of wife beating in society so as to create a fair, peaceful and safe quality of life. </em></p></td></tr></tbody></table>

Increasing Community Participation in Preventing Domestic Violence in the Community

Abstract. Related to the theme of community service, it turns out that the community still really needs to be get information regarding handling acts of domestic violence. The service is carried out to provide accurate information to increase public understanding regarding handling cases of domestic violence. The problems found are as follows: community understanding regarding the elimination of domestic violence still needs to be improved; the handling of cases of domestic violence is still not by the applicable procedures; and the community does not yet have the knowledge and skills to handle domestic violence cases. The solutions to the problems offered are as follows: (1) Dissemination of domestic violence behaviour according to the Law on the Elimination of Domestic Violence; (2) Legal counselling regarding the legal responsibility of the community that the right to protection for children and other family members is the responsibility of everyone, not just the child's family; (3) Training on handling cases of domestic violence through simulation. The method used to provide a complete understanding of handling acts of domestic violence is to conduct outreach and legal counselling on the intended theme. In addition to training in handling cases of domestic violence through simulations. The results of this activity included increasing public knowledge and understanding of acts of domestic violence prohibited by Indonesian laws and regulations. Likewise, public awareness of being responsible for providing care and protection for children and handling domestic violence cases has increased.

Comparison of Indonesian and Malaysian Law relating to Legal Protection for Women as Victims of Domestic Violence

The purpose of this research is to compare Indonesian and Malaysian law relating to legal protection for women as victims of domestic violence. The research results show that the definition of sexual violence according to Indonesian regulations, Law no. 23 of 2004 concerning the Elimination of Domestic Violence, namely every act against someone, especially women, which results in physical, sexual, psychological misery or suffering and/or domestic neglect, including threats to commit acts, coercion or unlawful deprivation of liberty within the scope of household.

Acts of Domestic Violence that Occur in Indonesia in the Perspective of the PKDRT Law and the New Criminal Code

Order in society will be created if the state prioritizes protecting human rights. One form of human rights protection can be seen from the formation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (hereinafter referred to as the PKDRT Law). The aim of this research is to determine the legal protection for victims of domestic violence in criminal acts and to understand the approach to punishment for domestic violence perpetrators in the PKDRT Law and the New Criminal Code. This research uses a normative type of research. The material collection technique used in this research is secondary material by reviewing primary materials on laws, legal journals and non-legal research results that are relevant to the problems studied. The PKDRT Law contains various Human Rights (HAM) protections that prioritize prevention of domestic violence rather than punishment. Domestic violence victims come from various age, educational, economic, religious and ethnic backgrounds. The punishment approach taken from the Domestic Violence Law and the New Criminal Code clearly aims to protect victims.

Strengthening the Institutional Capacity of PRA and PRNA in the Protection of Women and Children from Acts of Violence

Abstract. Protection for women and children from acts of violence is regulated in Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and Law No. 23 of 2004 concerning the elimination of domestic violence. Muhammadiyah has a concern for women's and children's issues, especially through PRA and PRNA. The target partners for this activity are PRNA and PRA Trihanggo. The problems faced by partners are the partners' lack of understanding regarding issues of violence against women and children, and the partners' lack of ability to develop work programs related to the protection of women and children. The purpose of this activity is to carry out institutional strengthening in the protection of women and children from acts of violence. The method used is counseling and assistance in the preparation of work programs. The result of this activity is an increase in partners' understanding of the issue of violence against women and children, as well as an increase in partners' ability to develop sustainable work programs. Thus it can be concluded that this community service activity is in accordance with the target and is able to provide solutions to partner problems. With the transfer of knowledge and technology transfer in this activity, partners can independently continue and apply it in their various work programs.

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.

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.

JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.

Perlindungan Hak Asasi Manusia Bagi Perempuan pada Kasus Kekerasan dalam Rumah Tangga di Indonesia

Human rights are inherent from the moment a person is born into the world. The purpose of Human Rights is as a means of protection for someone because no one knows that human nature can change at any time. In Indonesia itself, human rights are highly respected as one of the mandates of the 1945 Constitution of the Republic of Indonesia. Domestic Violence (KDRT) often makes women victims, this is because women are physically inferior to men. . Cases like this need to be given more attention to protect women who are victims of domestic violence, because human rights violations can trigger physical and mental health problems for the victims. The purpose of this writing is to determine the protection provided to victims of domestic violence. Data analysis used qualitative research methods with a normative juridical approach, namely an approach based on the main legal material by examining theories, legal principles and laws. Domestic Violence is currently regulated in Indonesian legislation, such as: The Criminal Code, Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Forms of direct legal protection through existing institutions such as: Integrated Service Centers and Assistance Agencies.

PERAN PERGURUAN TINGGI DALAM PENCEGAHAN KEKERASAN DALAM RUMAH TANGGA (KDRT) DI MASA PANDEMI

Based on data released by the Ministry of Women's Empowerment and Child Protection of the Republic of Indonesia (Kemenpppa), the number of cases of Domestic Violence (KDRT) that occurred in Indonesia throughout 2020 was still very high. East Java ranks second highest after Central Java as the province with the most domestic violence cases throughout 2020, with 1,588 cases. This figure is obtained from the number of cases of domestic violence reported in all cities in East Java.
 Efforts to reduce the incidence of domestic violence are not enough just to take repressive actions against perpetrators of domestic violence. What is more important is preventive action to prevent the occurrence of domestic violence. One of the causes of domestic violence can occur is the lack of public knowledge about what is meant by domestic violence. Because there are still many cases of domestic violence that occur during this Covid-19 Pandemic. This is where the role of universities is expected to be able to provide knowledge to the community, not only for women or children, but also for men.
 One of the things that universities can do in providing knowledge to the community regarding domestic violence is by conducting socialization and legal counseling. The role of legal counseling can provide increased legal knowledge to community members in order to avoid violations of the law, especially Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Another benefit of legal counseling is that the community can play an active role directly with other communities to transmit or relay the relay to other members of the community such as within the family, neighbors, in the neighborhood associations and neighborhood associations in the East Java region.
 Keywords: College, Domestic Violence, Pandemic

Analysis of Legal Protection of Sexual Violence Against Domestic Workers

The existence of Women Workers or Domestic Workers is familiar in Indonesia both in urban and rural areas. The government's lack of attention to domestic workers, the majority of whom are women, has made many of them victims of violent crimes. This study aims to determine the legal protection of domestic workers who get sexual violence and find out the criminal sanctions obtained by perpetrators of sexual violence. This type of research is qualitative research using a normative approach, which includes a statutory approach (statute approach) and a conceptual approach (conceptual approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The legal material that has been collected is then reviewed systematically and classified to produce a conclusion. The results showed that explicitly domestic workers who are victims of domestic violence receive protection from several laws and regulations but do not specifically regulate the form of protection, both related to employment relations, discrimination, violence, wages, and so on. Unlike Law No. 23 of 2004 on the Elimination of Domestic Violence and the Criminal Code, both preventive and repressive means protection for domestic workers as part of their family. Criminal sanctions in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are formulated alternatively, namely imprisonment or fines. This means that perpetrators of domestic sexual violence can be subject to imprisonment or fines.