Sitohang, Riyan Egisius (2025) Pembuktian Terhadap Tindak Pidana Kekerasan Fisik Dalam Rumah Tangga Yang Menyebabkan Kematian (studi Kasus: Putusan Perkara Nomor 1304/pid.sus/2023/pn.pbr). Other thesis, Universitas Islam Riau.

Text 211010532.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

Although Indonesia already has a strong legal foundation in guaranteeing equality and protection of children, as stipulated in Law No. 23/2004 on the Elimination of Domestic Violence and Law No. 17/2016 on Child Protection, the reality on the ground shows that violations of these norms still occur frequently. Case No. 1304/Pid.Sus/2023/PN.Pbr is one concrete example, where there was an act of domestic violence that resulted in the death of a child. This research examines the process of proving the criminal offense, with an approach to the theories of legal protection, justice, and criminal responsibility in order to strengthen the effectiveness of the Indonesian criminal justice system in handling similar cases. The main problems that become the object of research include: First, How is the process of proving the crime of domestic physical violence that causes death in case verdict Number 1304/Pid.Sus/2023/PN.Pbr. Second, How is the legal consideration of the Panel of Judges in deciding the verdict on the crime of domestic physical violence that caused death in case Number 1304/Pid.Sus/2023/PN.Pbr. The research method used is normative legal research method, which is research that focuses on literature study and analysis of legal products, including positive legal norms, principles, doctrines, legal systematics, synchronization, comparison, and legal history. This research is descriptive-analytical using data from primary, secondary, and tertiary legal materials. The analysis is carried out qualitatively, with inductive inference, namely from specific facts to general conclusions. The results of this study indicate that the implementation of child protection regulations in Indonesia has run in stages, starting from Law No. 23 of 2002 to Law No. 17 of 2016, with the aim of strengthening the child protection system. The evidentiary process in cases of violence against children is carried out through an in-depth study of evidence, witness testimony, and defendant testimony. The resulting decisions reflect the serious efforts of the Indonesian legal system in eradicating violence against children, as well as upholding justice in accordance with the principles of human rights and child protection stipulated in the applicable legislation.

Actions (login required)

View Item