Kajian Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Mengakibatkan Jatuh Sakit Atau Luka Berat (Studi Kasus Putusan Pengadilan Negeri Medan Nomor:2660/Pid.SUS/2015/PN Mdn)

Abstract

The criminal act of domestic violence that mengakibatrkan falling ill is a crime that is born of a family environment that will have a negative impact on the child's own family even, like the wife sue for divorce because her husband could not stand the harsh behavior. The problem posed in this study is how the legal consideration by the judge in imposing punishment on the crime of domestic violence resulting in severe illness or injury and how efforts to combat the crime of domestic violence resulting in severe illness or injury. The research method used in this research is a normative juridical research etode where discussion is based on the statutory provisions. Legal consideration by the judge in imposing punishment on the crime of domestic violence resulting in severe illness or injury is to look at the trial process, the state of the victim and accused and the evidence presented and the fulfillment of the elements that were charged to the defendant. Furthermore, in imposing sentence the judge will see things that are aggravating and the mitigating circumstances. Efforts to combat the crime of domestic violence resulting in severe illness or injury reached via two (2) attempts namely, the efforts of repressive and preventive measures. Repressive efforts done by the arrest and prosecution through the criminal law. Preventive measures undertaken Police is turned mutual respect between husband and wife, appealed to the public not to police against yourself because with this kind of crime that would happen would be easily detected early, urge the public to immediately report if seen or experienced criminal acts including domestic violence