SANKSI HUKUM TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN SUAMI TERHADAP ISTRI Studi Kasus Putusan Hakim Nomor: 1914/Pid.Sus/2020/PN Tng

Abstract

The issue of violence against women (KTP) is still a serious discourse to be discussed. Apart from continuing to develop, the problem of violence against women never ends and is rife both in the public sphere and in other sectors. This study aims to find out and analyze what factors cause domestic violence committed by husbands against wives and what their impacts are, to find out and analyze legal sanctions against perpetrators of domestic violence crimes whether they have a deterrent effect, to know and analyze the role of law in the women victims of domestic violence in decision Number: 1914 / PID. SUS/2020/PN. This TNG has received justice. The research method used is normative juridical. In this research, namely by means of literature study, observation, and interviews. The results of the research obtained are that the domestic violence factor is caused by two factors, namely external and internal, in the implementation of Law Number 23 of 2004 concerning domestic violence in decision Number: 1914 / Pid.Sus / 2020 / Pn.Tng against perpetrators of domestic violence crimes has not had a deterrent effect, and the role of law for victims of domestic violence can be said to have not fulfilled the principle of justice. This is because, according to the author, what the panel of judges considers in deciding the word is to use the principle of equity contra legem where the panel of judges argues differently from the provisions that already exist in handing down their decision. The advice that the author conveys to the government and law enforcement officials is that the government and law enforcement officials can implement the domestic violence law more optimally, especially in domestic violence crimes in order to guarantee the rights of women / wives so that they do not get criminal acts and discrimination and get equality in community life and get restitution.

Keywords: Justice, Domestic Violence, Discrimination.