Juridical Analysis of Punishment of Perpetrators of Crimes of Domestic Violence Based on Justice (Decision Study No. 58/Pid.Sus/2021/PN Date)

Abstract

The approach method used is normative juridical. Writing specifications
using descriptive analysis, the source and type of data used is data
primary and secondary. Data collection method by collecting data using secondary data collection methods. The problem is analyzed using the theory of punishment and the theory of justice. The judge's considerations are both juridical and non-juridical. Decision Number: 58/Pid.Sus/2021/PN The date the defendant RM was declared by the panel of judges to have been legally and convincingly proven guilty of committing the crime of physical violence within the domestic sphere as intended in article 44 paragraph 1 of Law Number 23 of 2004 with the aim of hiding or disguising the origin of assets. Sentenced the defendant RM to prison for 2 years and 6 (six) months and determines that the defendant remains in prisoner. Punishment aims to prevent, reduce or control criminal acts and restore balance in society, while the aspect of improving the perpetrator includes various objectives of rehabilitating and re-socializing the perpetrator and protecting him from arbitrary treatment outside the law. If sanctions are given to a defendant who commits a crime of domestic violence, the defendant can improve his behavior and rebuild his household so that it can be better so that the house is a safe place for his wife and children because they feel protected, respected and there is a feeling of love. from her husband.