Elimination Of Domestic Violence Research Articles

NALAR KRITIS POLIGAMI SEBAGAI KEKERASAN DALAM RUMAH TANGGA

In this paper, the researcher analyses and explains polygamy as a form of domestic violence from the perspective of positive Indonesian law and how it critiques Law No. 1 of 1974 on Marriage by examining Law No. 23 of 2004 on the Elimination of Domestic Violence in Indonesia. Using a literature review, this study found that polygamy carried out without fulfilling the conditions stipulated in the marriage law and Islamic Law Compilation (KHI) can be a form of domestic violence. This is because polygamy committed without the first wife's consent and without regard to the family's welfare can cause injustice and imbalance in the husband-wife relationship and damage the family concerned. Polygamy cases, if associated with Law No. 23 of 2004 concerning the elimination of domestic violence, are a form of psychological violence that can be criminalised and charged with Domestic Violence Law No. 23 of 2004, specifically Article five, which states that "every person is prohibited from committing acts of domestic violence against persons within the scope of their household, whether committed directly or indirectly, to cause pain or misery or suffer physically, sexually, psychologically, and or domestic neglect, including domestic neglect". The criminal penalty can be imprisonment of up to three years or a fine of up to 9 million rupiahs. Suppose the psychological attack causes illness or prevents the victim from doing their job to the extent that their daily activities are disrupted. In that case, they can face imprisonment of up to four months or a fine of three million rupiahs.

Implementasi Pemberian Hak Restitusi Oleh Pelaku Kepada Korban Kekerasan Seksual

This study aims to reinforce the implementation of material and formal law in a crime of sexual violence, in terms of granting restitution from the perpetrator to the victim for his actions, providing legal protection and utilizing criminal law in the trap of a crime of sexual violence. Restitution as referred to in this study is the provision of material from the perpetrator to the victim for his crime because he committed sexual violence which caused the victim to experience physical and psychological suffering, to restore the condition and condition of the victim after the crime, the perpetrator must provide restitution to the victim, the amount of restitution determined by court ruling. In protecting victims of sexual violence to avoid all forms of threats and intimidation, Indonesia has institutions to carry out their obligations. Namely, through the Witness and Victim Protection Agency whose duties, functions and authorities have been granted in accordance with the law. This aims to protect victims who are very vulnerable to all forms of threats and intimidation. Legal protection was also given before the crime occurred, namely by Law no. 12 of 2022 concerning Crimes of Sexual Violence, 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. Someone who commits a crime of sexual violence will receive legal consequences, in the form of imprisonment, fines, and restitution to the victim, the amount of which is determined by the court. However, if restitution is insufficient, the State is obliged to provide compensation to the victim for the lack of restitution given to the victim.

Choosing Friends to Help a Victim of Domestic Violence in Surabaya

State actors and non-State actors have an important role and contribution to solving acts of domestic violence. These actors are given space through Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Legal protection and human rights are the main points for victims of domestic violence in protecting their dignity and dignity as human beings. Victims of domestic violence have the option to resolve it through both State and non-State actors, they seem comfortable with their choice of friends in resolving these acts of domestic violence. This article uses ethnographic methodology by observing the behavior, knowledge, beliefs, network of friends, and culture of the selection process for solving domestic violence in the city of Surabaya. This article is derived from data collected through documentation, semi-participant observation, and interactive dialogue. Friends as an institution where to complain, and seek resolution has been chosen by victims of domestic violence. They consider that friends play an important role as a preliminary institution rather than other actors such as nuclear relatives, police and courts who are State and other non-State actors.

Proporsionalitas Penetapan Ancaman Sanksi Pidana Dalam Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

Proportionality in the criminal sanctions formulation policy in this research is the criminal sanctions for perpetrators of criminal acts of violence against women which need to receive full attention from legislators in determining criminal sanctions policies. This is due to preventing violations of individual rights and as a barrier for legislators in imposing criminal sanctions for offenses. The focus of the problem in this research is the practice of developing violence against women in the family sphere during the Covid-19 pandemic and an analysis of the proportionality of determining the threat of criminal sanctions in Law no. 23 of 2004 on the Elimination of Domestic Violence. The type of research used is normative legal research. The approach used is conceptual and statutory. The research results showed that the level of violence in the domestic realm tends to be higher than in the public realm, as in 2021 the domestic realm experienced an increase of 4% compared to 2020. In 2020 violence against women was around 75%, while in 2021 it rose to 79% or 6,480 cases. The results of the proportionality analysis of criminal sanctions in the law are based on the principle of parity contained in ordinal proportionality, namely that a person is punished or sentenced in proportion to the level of seriousness of the crime or violation, reflecting the existence of parity, rank ordering, spacing of penalties from Articles 44 to 49.

Pertanggungjawaban Ayah Terhadap Anak Kandung Sebagai Kewajiban Hukum Dalam Lingkup Rumah Tangga Berdasarkan Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

Every husband/father in the household is prohibited from abandoning people within the scope of his family as stipulated in Article 9 paragraph (1) of the Law on the Elimination of Domestic Violence. Husband/father or because of approval or agreement, providing life, care, or maintenance to these biological children is obligatory. In positive law, a father is obliged to provide maintenance for his child. The issues raised are regarding 1) The responsibility of a father towards his biological children in terms of positive law; and 2) The legal considerations of the panel of judges regarding the responsibility of fathers towards their biological children; case studies of court decisions regarding child neglect. This research is juridical-normative research that is descriptive-analytical with a statutory approach. The study uses secondary data from the Medan District Court Decision collected by field study techniques at the Medan District Court Registrar's Office. Data analysis used qualitative data analysis methods. Results of the study: From the point of view of marriage law, the limits on the obligations and responsibilities of parents (including fathers) towards their biological children can be seen in Article 45 paragraph (2) of the Marriage Law. In implementing sentencing objectives, not all judges can explore the actual legal facts in a case. It is recommended that law enforcement officials in handling cases of criminal acts of child protection and domestic violence prioritize the best interests of the child.

Penyuluhan Hukum Tentang Penghapusan Kekerasan Dalam Rumah Tangga Di Desa Lipu Mangau Kab. Buton Selatan

This legal counselling activity is carried out to provide understanding to the community. This legal counselling is carried out based on the phenomenon that still occurs regarding domestic violence. Domestic Violence (KDRT) is one of Indonesia's most common forms of gender-based violence. The rise of domestic violence (KDRT) cases is a serious problem that cannot be underestimated. The PKDRT Law / Elimination of Domestic Violence is a guarantee given by the state to prevent domestic violence, take action against perpetrators, and protect victims. The method used is participatory, which is expected to play an active role in this legal counselling activity in the form of socialisation regarding the elimination of domestic violence regulated by law number 23 of 2004 concerning the elimination of domestic violence in articles 44 to 49.

Legal Protection Of Wife's Victims Of Husband's Violence From Viewed From The KDRT Law And Dayak Customary Law, Uud Danum

Law Number 23 of 2004 concerning the Elimination of Domestic Violence and the 2001 Uud Danum Dayak Customary Law Book have provided protection for wives who are victims of domestic violence by their husbands. The protection provided by Law Number 23 of 2004 concerning the Elimination of Domestic Violence is provided from the time the victim makes a police report, when he is questioned and arrives at a court decision. Legal protection provided by Tomakung to wives who are victims of violence (hotuhui) by husbands by paying fines and implementing siro sahkik to restore conditions damaged by violence (hotuhui) between husband and wife. Factors that cause domestic violence by husbands are caused by internal and external factors. Internal factors are caused by wives who cheat, wasteful with money, lazy to cook. Internal factors in husbands are due to being lazy to work, not having a job, having an affair, gambling and being an alcoholic drink addict. The government should provide jobs for all levels of education that are evenly distributed from villages to cities. The government should, in helping the poor, not provide social assistance in the form of direct cash assistance because a small nominal amount of money is only enough to buy alcohol and play gambling. The increase in domestic violence is not solely the fault of the citizens but due to a lack of community awareness raising by the central and regional governments that is right on target because today the Government is building more infrastructure than building the mental and spiritual Indonesian people themselves.

Perlindungan Hukum Terhadap Perempuan Korban Kekerasan Dalam Rumah Tangga

Domestic violence violates women's human rights. The form of violence that occurs in women is physical violence including assault, beating, and actions that physically injure the victim. Meanwhile, non-physical violence is an act that is detrimental to the victim from a psychological perspective, such as threats, insults, neglect and forms of violence that result in psychological disorders of the victim. In disclosing the existence of criminal acts of violence is the most difficult part for the authorities, because there are perspectives and risks that arise as a result of reports of acts of violence experienced by women. Women have the right to complain about illegal acts and receive protection under Law no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which allows for the settlement of cases of violence against women through the courts.

Perlindungan Hukum Korban Kekerasan dalam Rumah Tangga di Wilayah Hukum Kepolisian Resort Batanghari

Domestic Violence (KDRT) as a form of violence in a household environment that relies on the gender of women as victims who suffer and suffer as a result of these acts of violence which are generally perpetrated by husbands. In this study, the authors refer to the Analytical Descriptive method, namely solving problems based on data or facts collected as they were at the time the research was carried out, and using the Purposive Sampling method, namely the sample used is based on the subjective views of the research, the respondents were determined by the researcher to represent all population. Based on the research, it is concluded that patriarchal culture is a factor in the emergence of domestic violence, which has the view that a man has a more dominant position in the household which cannot be equated with women and this has the same socio-cultural views. by the Indonesian people. Domestic Violence (KDRT) is seen as a personal problem, because due to private issues it should be socialized in accordance with the provisions of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This study aims to gain a deeper understanding of the factors that cause domestic violence in the jurisdiction of the Batanghari resort police, efforts to resolve crimes and obstacles found in the process of resolving domestic violence crimes. The research method used is empirical research with the type of case study research. Methods of data collection using interviews. The conclusion of this study is that domestic violence occurs because the perpetrator feels that there is annoyance and anger at his wife who often scolds the perpetrator as a husband, so that the perpetrator commits domestic violence to his wife. The way to resolve this case is to do it with peace efforts of both parties.

PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT)

The purpose of this service is to find out how the legal protection for victims of domestic violence according to Law no. 23 of 2004 concerning the Elimination of Domestic Violence and what are the obstacles or obstacles that arise in the implementation of protection for victims of Domestic Violence (KDRT). The method in this community service is by means of lectures and discussions. Legal protection for victims of domestic violence is very much needed because all forms of violence, especially domestic violence are violations of human rights and crimes against human dignity and forms of discrimination. Victims of physical-psychological violence, sexual and neglect experience suffering and losses, so it is necessary to protect the rights of victims to obtain justice. The obstacle or obstacle that arises in the implementation of protection for victims of domestic violence is that domestic violence is often not reported to the police, because victims feel ashamed to open up household problems to other parties. family

Analysis of Conditional Criminal Decision in Domestic Violence Crime Case

Domestic violence is a problem that often occurs in Indonesia. One law that regulates domestic violence is "Law Number 23, the Year 2004 on the Elimination of Domestic Violence (PKDRT Law). Based on Article 44 paragraph (1) of the PKDRT Law, a person who commits physical violence against another person will be subject to a maximum imprisonment of 5 (five) years and a maximum fine of Rp. 15,000,000.00 (fifteen million rupiahs); however, in verdict Number 90/Pid B/2016/PN Bir, the defendant was sentenced to a conditional criminal sentence in the form of imprisonment for one year and a fine of Rp. 2,000 but with a probationary period so that, at that time, the defendant was not imprisoned. This study aims to determine whether the conditional criminal sentence in decision number 90/Pid B/2016/PN Bir can provide justice for victims. This research uses normative research methods by analyzing the judge's decision associated with one of the objectives of the law, namely justice.It concludes that the conditional criminal decision in the case of domestic violence (verdict number 90/Pid B/2016/PN Bir) has not been able to realize legal justice for the victim. Because the convict has made a mistake, he should get an appropriate punishment as stipulated in the PKDRT Law. It will not realize justice for the victim since, in conditional punishment, the panel of judges did not set special conditions to guarantee the victim's recovery. In the end, the perpetrators of domestic violence do not get sanctions following their actions, and the victims also do not get justice for all the losses experienced as a result of domestic violence.

Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies

Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.

The Effectiveness of Legal Protection and Strategies to Minimize Domestic Violence against the Elderly

Few studies have examined the annually increasing cases of violence against the elderly in Indonesia. This study aimed to analyze the effectiveness of protection and propose a theoretical strategy to minimize violence against the elderly. It used a normative approach to examine Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Law Number 13 of 2008 on the Elderly Welfare as protection indicators. The findings showed that the elderly needed preventive and repressive legal protection. This means it is important to protect the elderly against violence by resecting them regardless of gender. Therefore, efforts should be made to protect the elderly from neglect as part of domestic violence by changing laws and regulations related to the substance and mechanisms for legal protection.

SEXUAL-VIOLENCE OFFENSES IN INDONESIA: ANALYSIS OF THE CRIMINAL POLICY IN THE LAW NUMBER 12 OF 2022

In 2022, Indonesia enacted the Law on Sexual Violence Offenses. The Law criminalizes ten acts of sexual violence and categorizes them as criminal offenses. The Law aims to prevent criminal offenses of sexual violence through deterrence, coordination, and monitoring by central and regional law enforcement agencies. The Law adopts both sanctions and treatment in the matter of criminal sanctions. The Law distinguishes types of punishment based on principal and additional penalties, including against corporations. Based on the severity of the penalty, the Law includes indefinite and definite sentences. However, the Law remains weak on restitution that should be action sanctions rather than criminal sanctions and lack of corporate criminal liability regulation. The severity of the penalty that was adopted by the Law should be in the form of indefinite sentences to provide the maximum deterrent effect. In addition, there is a lack of synchronization between the Law and other laws, including the Laws on Human Trafficking, Pornography, and the Elimination of Domestic Violence.

Penegakan Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Diwilayah Hukum Kepolisian Sektor Kuantan Tengah Kabupaten Kuantan Singingi

Law enforcement against criminal acts of domestic violence in the jurisdiction of the Central Kuantan Sector Police takes preventive measures, namely seeking peace or mediation to the parties by providing input and solutions to problematic parties and socializing law number 23 of 2004 concerning the elimination of domestic violence. domestic violence and repressive actions such as investigation, investigation, arrest, detention, search, confiscation, and submission of case files. Inhibiting Factors in Law Enforcement of Domestic Violence in the Police Legal Area of ​​Central Kuantan Sector, namely Legislation Factors, Law Enforcement Factors, Facilities and Infrastructure Factors.

Reconstruction of Legal Protection Regulations against Victims of Crime of Household Violence Based on Justice Value

The family is the first social environment known to humans. The family is a social institution that functions to improve all the abilities that exist in each individual. However, it is not uncommon for families to have cases of irregularities or illegal activities that cause misery or suffering and are carried out by members of one family against other family members such as molestation, rape, and even leading to murder. This situation is commonly referred to as Domestic Violence or more commonly abbreviated as domestic violence. The formulation of the problems in this dissertation research is: 1) Why is the regulation of legal protection for victims of criminal acts of domestic violence not fair? 2) What are the weaknesses of the current legal protection regulations for victims of criminal acts of domestic violence? 3) How is the reconstruction of legal protection regulations for victims of domestic violence crimes based on the value of justice? The research method uses a constructivist paradigm, with a sociological juridical approach. Methods of data collection by observation and interviews, with qualitative analysis data analysis method. The results of the study are 1) Regulation of legal protection for victims of criminal acts of domestic violence has not been fair, it is worth considering who has the most initiative among couples in the household to commit acts of violence, including the scale of differences in physical strength and ability between husband and wife and seriousness in using physical force. Most women are victims of violence perpetrated by people who are closely related to them. Domestic violence is generally perpetrated by men against women, generally violence by husbands against wives. 2) Weaknesses of legal protection regulations for victims of criminal acts of domestic violence at this time in terms of legal substance, law enforcers in carrying out law enforcement are only oriented to legal certainty, not legal justice. From the aspect of the legal structure, the synergy between the apparatus has not been optimal, the weakness in this case since the enactment of the PKDRT Law in 2004, there are still many cases of violence against women that occur in society and many are even unsolved. In terms of legal culture, the factors behind domestic violence can be identified due to gender and patriarchal factors. 3) Reconstruction of Law Number 23 of 2004 concerning the Elimination of Domestic Violence by changing and adding imprisonment and fines in Article 44, and the second reconstruction by adding the value of justice to Article 54.

LEGAL PROTECTION AGAINST VICTIMS OF DOMESTIC VIOLENCE IN UNREGISTERED MARRIAGES

This study purposes to analyze Law No. 23 Year 2004 in providing legal protection to victims of domestic violence against marriages that are not registered at the Office of Religious Affairs. The research is normative-legal research, using the statute approach, conceptual approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. The collected legal materials are then analyzed qualitatively. The results of the study indicate that the law affirms that every citizen has the right to obtain legal protection, including victims of domestic violence. Law No. 23 Year 2004 concerning the elimination of domestic violence was then present to provide legal certainty related to legal protection in the event of domestic violence, the violence is both physical and psychological violence, the government then makes regulations related to protection schemes if it occurs violence starts from the protection of the police, social services, and courts. Especially for unregistered marriages, they can still get legal protection based on Law No. 23 Year 2004 if it can be proven that it is true that a marriage has occurred and lives in the same household.

Protection for Women Victims of Domestic Violence in Indonesia: A Victimology and Criminology Approach

Law No. 23 of 2004 concerning the Elimination of Domestic Violence, defines domestic violence as any act against a person, especially women, which results in physical, sexual, psychological misery or suffering, and/or neglect of the household including threats to commit acts, coercion, or unlawful deprivation of liberty within the household sphere. However, in this case the focus will be on women as victims, this also refers to the data available at the Indonesian National Commission on Human Rights. This is unfortunate because the position of women themselves is as the first and foremost educators in a family, they are expected to be able to develop values the value of cases of saying, equality, and equality, as well as concern for one and the other, so that in the future they are able to get rid of aggressive behavior patterns from children and adolescents. Because in time, the tradition of violence inherited from parenting in this family, will face problems with state law if it is maintained. This study aims to analyze the concept of protection for women in domestic violence in Indonesia. This study uses various legal comparisons related to the protection of women in Indonesia and international law.

Domestic Violence in the Criminology and Victimology Perspectives: Case Study in Kupang, East Nusa Tenggara

The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.

The Urgency of Marriage Age Education: A Realization of Efforts to form Family Resilience and National Resilience

Children are the buds of the nation's hope that have rights and protection as mandated by the Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence so that they are free from various threats or treatment that degrades human dignity. Other regulations that support child protection are regarding the age limit for marriage as stipulated in Article 7 of the Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to the Marriage Law No. 1 of 1974, which is 19 years old. However, the empirical reality shows that the target community, namely Fatayat, does not fully understand the urgency that the minimum age of marriage is 19 years. This research is a community service program funded by Semarang State University in Fatayar, South Semarang District, Semarang City. This paper aims to provide an increased understanding of the age of marriage in order to build family resilience in Fatayat, South Semarang District, Semarang City. The results of the study of 11 participants showed a tendency to increase understanding. This research includes several important stages, namely analysis of partner problems, science and technology needs for the community, coordination with partners, outreach and evaluation.