TINJAUAN YURIDIS PERLINDUNGAN HUKUM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 (Studi Kasus Putusan Nomor: 1914/Pid.Sus/2020/PN Tng)

Abstrak

Victims of domestic violence, primarily women (mothers and children), must receive protection from the state and society to prevent and liberate them from the violence, torture, and demeaning treatment that undermine their human dignity. Domestic violence, especially violence perpetrated by husbands against wives, not only inflicts physical suffering but also psychological distress. This study aims to address the issue of how judges' verdicts and considerations in imposing penalties in cases of domestic violence committed by husbands against wives. The research employs the method of Library Research, gathering data from books, literature, legal journals, and scholarly works related to domestic violence cases. This study falls under descriptive analysis, leading to justifiable conclusions. The research findings reveal that the judges' verdict entails a prison sentence of 2 months for the defendant. The judges' considerations for imposing this penalty lie in the absence of justifying reasons or forgiveness that might mitigate the criminal sanctions. The judges also weigh aggravating and mitigating factors in the case. The underlying rationale for the panel of judges in imposing penalties is the violation of Article 44 Paragraph (1) of the Indonesian Law No. 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT), which includes the elements "anyone" and "committing violence against a person within the household." While both elements are met, the imposed penalty is deemed too lenient and fails to provide a sense of justice to the victim, while also lacking adequate deterrence effect. From the summary provided, it is evident that attention is given to the issue of domestic violence and the importance of providing effective protection for victims, particularly women and children. Appropriate and effective penalties are key in addressing domestic violence cases, ensuring victims feel that justice has been served and perpetrators understand the serious consequences of their actions. Moreover, a preventive effect is crucial in reducing future incidents of domestic violence.