Analisis Hukum Pertanggungjawaban Pidana Pelaku Penelantaran Rumah Tangga (Studi pada Polres Asahan)

Abstract

Domestic violence is very harmful to all elements of national development, because the beginning of prosperous that there each household. One form of domestic violence in this thesis research is the neglect of the household. The problems raised in this research are how to criminalize the act of neglecting the household as a form of crime, how the factors causing the crime of neglect of the household and how the criminal responsibility of abuser abuser in relation to domestic violence. This research is directed to normative juridical legal research, or doctrine which is also referred to as library research or document study, since more is done to secondary data which exist in libraries. The results of the study and discussion explain the criminalization of abandonment behavior as a form of crime is a form of realization of the number of victims of wife and children who have been abandoned by her husband so that required legal protection. Criminalization arises because of the victims, criminalization is not solely aimed at retaliation, must be based on the principle ratio principle, and the existence of social support agreement. Factors causing the crime of abandonment of households include several factors namely economic factors, factors of infidelity, behavioral factors, the existence of patriaki culture in the community. All these factors are raised and followed by quarrels and arguments so that either party's husband or wife leaves home. The criminal responsibility of abuser in relation to domestic violence is because the perpetrator has the ability to account for his actions and his actions are regulated in the legislation and there is no excuse for the neglect of the household neglect.