Aspek Hukum Terhadap Tindak Pidana Kekerasan dalam Rumah Tangga dan Hubungannya dengan Hak Asasi Manusia (Studi Putusan No.42/Pid.Sus/2017/PN Sibolga)

Abstract

Domestic violence is a community disease that arises from the dominance of men in culture. Protection of victims of domestic violence is any effort aimed at providing a secure sense of security to victims committed by family, advocates, social institutions, police, prosecutors, courts or other parties, temporarily or by court decisions. The problem in this research is about protection against victim of domestic violence and judge consideration in imposing criminal sanction against perpetrator of domestic violence of decision number: 42/Pid.Sus/2017/Pn Sibolga. The theory used in this research is the theory of justice is the theory of the main virtues in social institutions, as the truth in the system of thought. The method of research in this writing is a normative method that collects literature data that is legislation, law books, judges verdict, mass media and scientific journals related to the problems discussed in this thesis. The results and discussion of this research are on the protection of victims of domestic violence based on the decision number: 42/Pid.Sus/2017/ Pn Sibolga is only in the form of restitution based on the principle or theory of justice is unfair and judges' mitigating and incriminating and noticing the absence of justification and forgiveness for imposing a criminal punishment of 7 months imprisonment against the perpetrator.