Tinjauan Yuridis Tindak Pidana Kekerasan Fisik Terhadap Perempuan dalam Lingkup Rumah Tangga (Studi Putusan Pengadilan Negeri Medan No: 572/Pid.sus/2016/PN.Mdn)

Abstract

Domestic violence is not a new thing. However, during this time always kept secret or covered up by the family, as well as by the victim himself. Violence occurring within the household contains something specific or specific, which lies in the relationship between the perpetrator and the victim. In addition, locus delicti on domestic violence is more specific, in the home, where the perpetrator and the victim live, while in another criminal act, locus delicti can be anywhere, in all places. The problem in writing this thesis is how the driving factors and forms of physical violence against women in the scope of the household, how the application of the law of criminal acts of physical violence against women in the household. Research method in writing this thesis is library research (Research library). This method by conducting research on law, legal magazine, legislation, writings or papers, document books or archives, and primary data that is a decision obtained directly by researchers at the Medan District Court. And to do with the interview technique to judge in Medan State Court. The driving force of domestic violence is due to the lack of communication between husbands and wives that leads to dishonest, unbelieving, non-oppression, and others resulting in pain, emotion and revenge that end in violence and form -The form of domestic physical violence The PKDRT Act for more details the author will include "Everyone is prohibited from domestic violence against persons within the scope of their household, in the following manner, physical violence, psychic violence, sexual violence, and neglect stairs. And the application of criminal law to domestic violence in case of Number 572 / Pid.Sus / 2016 / PN.Mdn has been in accordance with the provisions of law in this case of Law Number 23 Year 2004 on the Elimination of Deep Violence Household that regulates the provision of domestic violence. Which becomes judge's consideration in imposing criminal sanctions to the defendant in accordance with the facts revealed in the trial.