Perlindungan Hukum Terhadap Korban dalam Tindak Pidana Kekerasan Dalam Rumah Tangga (Studi Putusan No.572/Pid.Sus/2016/PN.Mdn)

Abstract

Domestic violence is a community disease arising from the dominance of men who are cultured. 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 problems in this research are protection against victims of domestic violence and judge's consideration in imposing criminal sanction on perpetrators of domestic violence. The theory used in this research is the theory of justice and the theory of legal protection. 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 is about the protection of victims of domestic violence based on the decision number 572 / Pid.Sus / 2016 / Pn This Mdn is stated in Article 16 through Article 38 of Law of the Republic of Indonesia Number 23 of 2004 on the Elimination of Violence In the Household, the judge's consideration is to pay attention to the mitigating and incriminating matters and to observe the absence of justification and forgiveness for imposing a criminal punishment of 7 months imprisonment against the perpetrator with respect to Article 44 paragraph (1) of the Law of the Republic of Indonesia Number 23 2004 on the Elimination of Domestic Violence.