The Urgency of Changing the Status of Complaint Offences in Domestic Violence Criminal Acts Based on the Values of Justice

Abstract

Domestic violence (KDRT) is a human rights violation that has serious impacts on victims, but the regulation of complaint offenses in the PKDRT Law often hinders the legal process because investigators cannot act without a victim's report, while many victims are in vulnerable situations and are reluctant to report. A revision of the provisions of complaint offenses is needed so that the state can act more proactively in protecting victims of domestic violence in order to ensure a sense of security and justice as guaranteed by the 1945 Constitution. The purpose of this study is to find out and analyze the ideal concept of changing the status of complaint offenses in criminal acts of Domestic Violence based on the value of justice. The approach used in compiling this thesis is normative juridical research. The specifics of this research are descriptive analysis. The theories used include Wirjono Prodjodikoro's Theory of Punishment and Hans Kelsen's Theory of Justice. The results of this study are: (1) The regulation of domestic violence as a complaint offence, which was originally intended to protect the privacy of victims, actually weakens protection because victims are often in unequal relationships, dependency, and social pressure, so that the complaint requirement results in many cases not being processed and creates a culture of silence. This condition shows that the complaint offense model is not in accordance with the character of domestic violence as a crime with public impact, so it needs to be reconstructed to be more pro-victim and in line with the objectives of criminalization. (2) Changing the status of domestic violence from a complaint offense to an ordinary crime is a major step to realizing the ideal concept of victim protection, because the complaint requirement has so far actually hindered victims who are trapped in unequal power relations, dependency, and social pressure from obtaining access to justice. There is a need for a revision of Articles 51-53 of the Domestic Violence Law and must be accompanied by strengthening the role of the state through proactive intervention by officials, emergency protection mechanisms, increasing the capacity of law enforcement, and integrating victim assistance services so that the legal system is in line with the constitutional mandate and provides protection and justice.