ANALISIS YURIDIS PERANAN ALAT BUKTI DALAM MENGUNGKAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) DI JAKARTA PUSAT

INDONESIA

Abstract

Marriage doesn't always run smoothly. Many things that arise later between the two can often cause conflict and contradiction. Domestic violence, especially violence against wives by husbands, not only causes physical but also psychological suffering. In the pretrial process, evidence in uncovering criminal acts of domestic violence plays an important role in searching for and finding the material truth based on existing evidence, because the judge's capacity and ability to determine the material truth in a criminal incident is very limited. The problem is what is the role of evidence in uncovering criminal acts of domestic violence (Decision Number: 165/Pid.Sus/2023/PN.Jkt.Pst) and what are the obstacles in the process of uncovering criminal acts of domestic violence (Decision Number: 165/ Pid.Sus/2023/PN.Jkt.Pst). This research method is normative juridical, which is descriptive analysis. Conclusion from the author in the case studied by the author, (1). Evidence plays an important role in uncovering a criminal act and is very vital, it is impossible for a case to be resolved without adequate evidence. By having evidence to reveal criminal acts at trial, the judge will be able to impose a criminal sentence if he has at least two pieces of evidence (2). The obstacle that occurred was the defendant not being frank in giving his statement. There were other obstacles such as fear of the perpetrator, surviving because of the presence of children, and cultural factors that made the victim maintain his marriage. The author's suggestions in this case are, (1). Law enforcers should study more deeply the law on eliminating domestic violence, especially regarding evidence and the process of uncovering criminal acts of domestic violence so that in the future the law enforcement process against perpetrators of domestic violence does not stop halfway. (2). The government and all law enforcement officials must be more active in providing socialization and legal education to the community and especially women victims of domestic violence regarding their obligations as regulated in the Law on the Elimination of Domestic Violence where the community is obliged to report every case of domestic violence that occurs in surroundings.