The Criminal System on Criminal Acts of Violence in Household of Indonesia

Abstract

The purpose of the research in this research is to examine and analyze the criminal system for crimes of domestic violence in the law on the elimination of domestic violence, to examine and analyze the weaknesses and solutions faced in the criminal system for crimes of domestic violence in the law. -The law on the elimination of domestic violence. The problems in this research are: 1) What is the criminal justice system for domestic violence in Indonesia, 2) What is the legal analysis of judge decisions in cases of domestic violence in Indonesia, 3) What are the constraints and solutions to the criminal justice system for criminal acts? crime of domestic violence in Indonesia. This study uses a normative juridical approach, with an analytical descriptive research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of legal effectiveness, the theory of legal purposes, and the theory of Islamic justice. The results of the study concluded that: 1) The criminal system in the Criminal Code with Law Number 23 of 2004 concerning the Elimination of Domestic Violence recognizes the imposition of imprisonment and fines, only the length of imprisonment and the amount of fines are not the same. With regard to legal subjects and regulatory systems both in the Criminal Code and in Law Number 23 of 2004 concerning the Elimination of Domestic Violence are the same, namely using individual legal subjects and a single track system, 2). Legal analysis of judges' decisions in cases of crimes of domestic violence in Indonesia that imprisonment is the choice of judges to apply in violations of Article 44 of Law Number 23 of 2004, 3) Obstacles faced in punishing perpetrators of domestic violence, namely: Legal factors Alone, Factor law enforcement officers, Factor facilities and facilities. Efforts to overcome obstacles are as follows: a). Revise laws and regulations related to domestic violence so that any kind of domestic violence case can be prosecuted, b) The police, prosecutors and judiciary coordinate and help each other to deal with obstacles that arise in handling cases of criminal acts of physical violence in the household. c). Complete the facilities and means needed in the process of sentencing the perpetrators of domestic violence.