ANALISIS YURIDIS PENERAPAN SANKSI TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Studi Kasus Putusan Nomor 513/Pid.B/2020/PN Jkt Utr

Abstract

Abstract

The aim of this research is to find out how material criminal punishment is applied to perpetrators of non-criminal domestic violence (KDRT) of physical violence by husbands against wives, to know the factors that cause domestic violence, and to know the judge's considerations regarding perpetrators of criminal acts of domestic violence. domestic violence (KDRT) acts of physical violence by a husband against his wife in decision number 513/Pid.B/2020/Pn. Jkt. Utr. The research method used is normative juridical type, descriptive analysis in nature. So that primary data and secondary data are analyzed qualitatively in order to obtain a conclusion that can be justified scientifically. The results of this research are that the application of material criminal penalties for criminal acts of perpetrators of domestic violence (KDRT), physical violence against husbands against wives, is in accordance with applicable laws and regulations. The factors that cause domestic violence are individual factors, partners, infidelity, economics, third person interference, differences in principles, and social culture. The judge's considerations in decision number 513/Pid.B/2020/Pn. Jkt. Utr article 44 paragraph (4) Republic of Indonesia Law number 23 of 2004 concerning the Elimination of Domestic Violence committed by husbands against wives provides legal certainty by imposing punishment on the defendant not solely in retaliation for the actions committed by the defendant as a husband against his wife with the aim of so that the defendant is deterred so that he does not repeat his actions in the future. It is hoped that knowledge of acts of domestic violence will be increased in terms of acts that are classified as domestic violence and the laws that regulate domestic violence, reduce acts of violence that occur and increase solidarity with people who experience criminal acts in their lives. family.

Keywords: Crime, persecution, against the law