Juridical Review of Criminal Acts Domestic Violence

Authors

  • Yuli Setiowati Dewi Universitas Ngudi Waluyo
  • Arista Candra Irawati Universitas Ngudi Waluyo

Keywords:

Diversion; Domestic Violence Crime Verdict; Domestic Violence Criminal Justice System

Abstract

This research aims to determine the application of material criminal law provisions to criminal acts of domestic violence in the Slawi District Court decision and to determine the legal considerations in imposing criminal sanctions on perpetrators of the crime of psychopathic murder in the Slawi District Court decision. This research was carried out at the Slawi District Court. The data collection methods used were the Library Method and Interview Method, then the data obtained was analyzed qualitatively. The results of the research show that (1) the application of material criminal law to criminal acts of domestic violence in the decision of the Slawi IB District Court, when making an indictment, prosecutors should not only apply Article 44 paragraph (1) of the Law of the Republic of Indonesia Number: 23 of 2004 concerning elimination of Domestic Violence but also implementing article 44 paragraph 4 concerning domestic violence, (2) Legal considerations in imposing criminal sanctions on perpetrators of criminal acts of domestic violence in the decision of the Slawi District Court should the judge give a decision not only 4 (four) months 15 (fifteen) days in prison if based on the minimum prison sentence as regulated in article 44 paragraph 4 concerning domestic violence.

References

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Legislation

General Declaration of Human Rights 1948.

Constitution.

Law no. 39 of 1999 concerning Human Rights.

Law no. 23 of 2004 concerning the Elimination of Domestic Violence.

Others:

Interview with Eldi Nassali Hakim at the Slawi District Court on Wednesday, November 15 2023.

Downloads

Published

2024-01-03

How to Cite

Yuli Setiowati Dewi, & Arista Candra Irawati. (2024). Juridical Review of Criminal Acts Domestic Violence. The Virtual International Conference on Economics, Law and Humanities, 2(1), 193–200. Retrieved from https://callforpaper.unw.ac.id/index.php/ICOELH/article/view/634