Juridical Review of Criminal Acts Domestic Violence
Kata Kunci:
Diversion; Domestic Violence Crime Verdict; Domestic Violence Criminal Justice SystemAbstrak
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.
Referensi
A'an Efendi, and Freddy Purnomo, 2017, Administrative Law, Jakarta: Sinar Graphics.
Andi Hamzah, 2001, Flowers of Criminal Law and Criminal Procedure, Jakarta: Ghalia Indonesia.
Andi Zainal Abidin, 1987, Principles of Criminal Law Part One, Bandung: Alumni.
Arif Gosita, 1983, Problems of Crime Victims, Jakarta: CV. Academic Pressindo.
Aris Prio Agus Santoso, 2020, Introduction to Legal Studies, Yogyakarta: Pustaka Baru Press.
R.I. Prosecutor's Training Agency, 2019, Module for the Elimination of Domestic Violence, Jakarta: R.I. Prosecutor's Training Agency.
Bisma Siregar, 1986, Legal Justice in Various Aspects of National Law, Jakarta: Rajawali.
Luh Made Karisma Sukmayati Suarya, 2018, Domestic Violence and the Protection Law, Denpasar: Psychology Study Program, Faculty of Medicine, Udayana University.
Marmi Emmy Mustafa, 2007. Principles of Proceedings in Patent Law Enforcement in Indonesia Linked to TRiPs-WTO, Bandung: Alumni.
Phllipus M. Hadjon, 1987, Legal Protection for the Indonesian People, Surabaya: PT. Building Knowledge
Emei Dwinanaharti Setiamandani, and Agung Suprojo, "Judicial Review of Law Number 23 of 2004 Concerning the Elimination of Domestic Violence", Reform, Vol. 8, no. 1, 2018.
Dadang Iskandar, "Efforts to Overcome Domestic Violence", Yustisi, Vol. 3, no. 2, 2016.
Dewi, Lestari, "Domestic Violence Against Women, Journal of Law and Development", Vol. 35, no. 2, 2016.
Fransiska Jaftoran, and Marlyn Jane Alputila, “Legal Protection of Women as Victims of Domestic Violence in View from Law no. 23 of 2004 concerning the Elimination of Domestic Violence", Journal of Restorative Justice, Vol. 3, no. 2, 2019.
Fransiska Novita Eleanora, and Elfirda Ade Putri, "Critical Analysis of Law Enforcement Efforts Against the Crime of Domestic Violence", Borneo Law Review Journal, Vol. 4, no. 1, 2020.
Isyatul Mardiyati, "The Impact of Domestic Violence Trauma on Children's Psychological Development", Journal of Gender and Child Studies, Vol. 1, No. 2, 2015.
Arista, Candra Irawati. "Criminal Offenses by Children: A Study and Analysis of the Implementation of Diversion in the Criminal Justice System." Scientific Journal of the World of Law, 2021: 2.
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.
