Barnad, Wahyudi (2023) Penegakan Hukum Tindak Pidana Kekerasan Dalam Rumah Tangga Studi Putusan Nomor 194/pid.sus/2022/pn/plw. Masters thesis, Universitas Islam Riau.

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Abstract

One of the big problems for judges in resolving cases of domestic violence is presenting evidence in accordance with the criminal procedural law as stipulated in Article 184 of the Criminal Code which is quite difficult and confusing, because cases of domestic violence are considered as something that private. Therefore, the setting of evidence in the Law on the Elimination of Domestic Violence, is an effort to protect the rights of victims, because in reality to deal with cases of domestic violence is not easy, because violence often occurs in a closed environment and not known by others, especially families who still maintain the characteristics of feudalism. The author is interested in reviewing a Decision Number 194/Pid.Sus/2022/Pn/Plw in the courts of Pelalawan country. Based on these problems, there are 2 (two) main problems in this study. First, how is the proof of the crime of domestic violence in the Pelalawan district court in decision number 194/Pid.Sus/2022/Pn/Plw? Second, what is the legal consideration of the Pelalawan district court panel of judges regarding decision number 194/Pid.Sus/2022/Pn/Plw? This research is included in the normative juridical and empirical juridical research groups. The normative juridical approach is legal research that places law as a building system of norms. Empirical juridical research is research that has an object of study regarding Law Enforcement of Domestic Violence Crimes Study of Decision Number 194/Pid.Sus/2022/Pn/Plw Research Results: First, Proof of the crime against the perpetrators of Domestic Violence at the Pelalawan District Court which was carried out by punishment resulting in serious illness and injury to the victim, in settling the case Decision number 194/Pid.Sus/2022/Pn/Plw , accurate and in accordance with the legal framework and the article imposed, namely Article 44 paragraph (2) of the Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence, is very appropriate. Second, the legal consideration by the judge in the case over the decision 194/Pid.Sus/2022/Pn/Plw is based on the facts in the trial that has been submitted. After obtaining more than two pieces of evidence from the Public Prosecutor and several considerations, both aggravating and mitigating suffering, the Panel of Judges with full confidence sentenced them to imprisonment for 4 (four) months in prison.

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