PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN PASAL 44 AYAT 4 UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA

Abstract

Women as wives in their families should get protection from their husbands. The purpose of this study is to find out and analyze how the form of protection for women who are victims of domestic violence based on Article 44 Paragraph 1 of Law No. 23 of 2004, to know and analyze obstacles in efforts to provide legal protection for women who are victims of domestic violence and how to overcome them, and to find out the judge's consideration of perpetrators of domestic violence crimes (KDRT) of physical violence susami against the wife in decision number 496/Pid.Sus/2023/PN Rhl. The research method used is the normative juridical type. The result of this study is that legal protection for women in domestic violence is not enough if it is only based on the ratification of international conventions. As for the obstacle, namely the legal factor itself, the weakness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence lies in the delicacy of complaints. The judge's consideration in the decision number: 496/Pid.Sus/2023/PN Rhl. Article 44 Paragraph 1 of Law No. 23 of 2004 provides certainty It is hoped that knowledge of domestic violence will be increased in terms of actions classified as domestic violence and laws that regulate domestic violence, reduce violence that occurs and increase solidarity with people who have experienced criminal acts in the family.

Keywords: Criminal acts, persecution, Against the Law.