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.

In-depth and Comprehensive Analysis of Divorce Cases Due to Domestic Violence from a Family Law Perspective

Domestic violence is one of the reasons that can be used to file for divorce in family law in Indonesia. However, the process of proving violence often poses a huge obstacle and becomes a very serious problem for the party applying for divorce. In this article, we will analyze in depth, thoroughly and comprehensively a divorce case based on domestic violence from the perspective of family law in Indonesia. We will examine in detail, in detail and in great detail the evidence presented, the legal basis used, and the judge's considerations in deciding this case. Apart from that, we will also look at the impact of this decision on the development of family law in Indonesia in a very deep, thorough and comprehensive manner. In its considerations, the panel of judges stated that based on the evidence presented, it was legally and convincingly proven that the Defendant had committed physical and psychological violence which was categorized as "cruelty or serious abuse that endangers the wife" in accordance with Article 116 letter (g) of the Compilation of Islamic Law and violates the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

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.

Legal Protection For Wives Who Are Victims Of Domestic Violence Based On Law no. 23 of 2004

Violence against Wives committed by Husbands is often ignored and not seen as a serious problem. In addition, it is necessary to clarify the responsibility of the Husband as the perpetrator of domestic violence and find out how to resolve it legally. And the formulation of the problem in my thesis is How is the Law Enforcement Regarding Domestic Violence Based on Legislation, How is the Legal Protection for Wives Who Are Victims of Domestic Violence and How is the Legal Analysis of the Criminal Act of Committing Physical Violence in the Household Scope Committed by Husbands Against Wives in Decision Number 1329 / Pid.Sus / 2023 / Pn Mdn. The nature of the research in writing the thesis uses descriptive analysis, the type of research uses Normative law while the data collection method uses Library Research, and the type of data in this study uses Primary Data. Many settlements of domestic violence cases do not fulfill a sense of justice, especially for victims in the household. law enforcement in implementing protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is very much needed, especially domestic violence.The results of this study conclude that the occurrence of domestic violence shows the imbalance of the position of husband and wife in living a household life. Legal protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is very much needed because of all forms of violence, especially domestic violence.

Legal Protection for Wives as Victims of Domestic Violence in Terms of Obtaining Custody Rights for Minors

This research article is entitled Legal Protection of Wives as Victims of Domestic Violence in Terms of Obtaining Custody Rights for Minors. The type of research used in this study is normative, namely based on the applicable laws and regulations (positive law) using a legal and conceptual regulatory approach. Where in all the legal materials that have been collected will be processed and analyzed systematically which are presented in the form of descriptions based on theory and legal principles so as to obtain clear conclusions and descriptions in discussing the problem. Based on the research method as mentioned above, the following discussion can be produced: A wife has rights as a victim of domestic violence. These rights are regulated in articles of Law No. 23 of 2004 concerning the Elimination of Domestic Violence.

Penerapan Undang-Undang Perlindungan Perempuan dalam Kasus Kekerasan dalam Rumah Tangga

The phenomenon of cases of domestic violence (hereinafter referred to as domestic violence) is currently increasing, in terms of quantity and quality. This phenomenon is a serious concern and requires all parties to understand all forms of crime and the factors that cause it, as well as efforts to overcome domestic violence. The forms of domestic violence that occur vary greatly, such as physical, psychological, sexual violence and violence in the form of neglect. These various forms of crime are crimes that are prohibited and punishable as regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (hereinafter referred to as the PKDRT Law) which aims to ensure that victims of domestic violence, especially women, receive legal protection.

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.

The Crime Of Elder Abuse According To Criminal Law Law

The aim of this research is to analyze the factors causing abuse by biological children against their parents and the judge's considerations regarding the decision in case Decision Number 421/PidSus/2020/PN.Tgn. This research method uses a normative juridical research approach by reviewing statutory regulations, law books and Islamic law books related to the research focus. The research results show that the factors behind the abuse of biological mothers are economic, family, social environment and social jealousy. Based on the considerations of the judge at the Tangerang District Court with Decision Case Number 421/PidSus/2020/PN.Tgn. Regarding criminal cases, we have referred to legislation no. 23 of 2004 concerning the Elimination of Domestic Violence. However, in terms of justice, the punishment given was not fair for the victim who had been treated badly by his own biological child.

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.

Domestic Violence in The Perspective of Civil and Islamic Criminal Law

The cases of domestic violence in Indonesia tend to increase from time to time. Based on data released by the National Commission on Violence Against Women in 2020, the number of domestic violence complaints received was recorded at 4,371, an increase from 4,322 cases in the previous year. From the perspective of Islamic criminal law, domestic violence is classified as jarīmah takzīr (criminal acts where the legal provisions are left to the discretion of the authorities) whereas in positive law domestic violence is regulated in Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. This research discusses domestic violence in Bandung and examines the methods for resolving cases at the Religious Courts and the Bandung Police. The aim is to find the characteristics and methods of resolving cases in the two institutions. This research is classified as field research using comparative methods. Data was obtained from the document available at the Bandung Religious Court and the Bandung City Police Station. This research finds that more domestic violence cases in Bandung City were resolved through criminal channels (police) rather than civil channels (Religious Courts). This research concludes that although both Islamic Law and Positive Law view domestic violence as a criminal act, there are differences in the methods of resolving them in the Religious Courts and Bandung Police. This is because the competence of each institution is different. The Religious Court only handles the civil side, while the Bandung Police handles the criminal side.