Makalah Bripda Asep Gufron

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PAPER

REPORTING OR COMPLAINTS RELATED TO CASES OF DOMESTIC


VIOLENCE (KDRT)

SUBJECT : BAHASA INGGRIS


COLLEGE TEACHER : Mrs. Hayati Nupus S.pd M.pd.

ARRANGED BY:
Asep Gufron: 221090200013

PAMULANG UNIVERSITY
SERANG-BANTEN
2024

I
PREFACE

First of all, thanks to Allah SWT because of the help of Allah, writer finished writing the
paper entitled “REPORTING OR COMPLAINTS RELATED TO CASES OF DOMESTIC VIOLENCE
(KDRT)” right in the calculated time.

The purpose in writing this paper is to fulfill the assignment that given by Mrs Hayati Nupus
S.pd M.pd as lecturer in samantics major.

in arranging this paper, the writer trully get lots challenges and obstructions but with help of
many indiviuals, those obstructions could passed. writer also realized there are still many
mistakes in process of writing this paper.

because of that, the writer says thank you to all individuals who helps in the process of writing
this paper. hopefully allah replies all helps and bless you all.the writer realized tha this paper
still imperfect in arrangment and the content. then the writer hope the criticism from the
readers can help the writer in perfecting the next paper.last but not the least Hopefully, this
paper can helps the readers to gain more knowledge about samantics major.

Serang, 23 May 2024

Cons tuent
Asep Gufron

II
TABLE OF CONTENT
PREFACE .................................................................................................................................................. II

ABSTRACT ................................................................................................................................................ V

CHAPTER I INTRODUCTION ....................................................................................................................VI

1.1 INTRODUCTION ............................................................................................................................ VI

1.2 RESEARCH METHODS .................................................................................................................. VII

CHAPTER II DISCUSSION OF THE PROBLEM ......................................................................................... VIII

2.1 RESULTS AND DISCUSSION ......................................................................................................... VIII

A. Understanding and Forms of Domes c Violence .................................................................... VIII

B. Efforts to Overcome Domes c Violence Cases ........................................................................... X

2.2 EXAMPLES OF CASES OR CASES OF DOMESTIC VIOLENCE ......................................................... XIII

A. Results And Discussion Related To The Case.........................................................................XV

B. Discussion..............................................................................................................................XV

2.3 FORMS OF DOMESTIC VIOLENCE ...............................................................................................XVI

2.4 FACTORS CAUSING DOMESTIC VIOLENCE AND DISCUSSION ...............................................XVI

A. Economic Problems ..............................................................................................................XVI

B. Infidelity ..............................................................................................................................XVII

C. Number of Children ............................................................................................................XVII

D. Social ..................................................................................................................................XVIII

E. Culture................................................................................................................................XVIII

F. In-depth Interview .............................................................................................................XVIII

G. Research Limita ons ............................................................................................................ XIX

2.5 RULE OF LAW AFFECTING LAW ENFORCEMENT AGAINST DOMESTIC VIOLENCE LADDER ........ XIX

2.6 THE ROLE OF DOCTORS IN DOMESTIC VIOLENCE CASES ............................................................ XX

2.7 VISUM ET REPERTUM EVIDENCE USED IN THE PROCESS OF PROVING DOMESTIC VIOLENCE
CRIMES ............................................................................................................................................. XXI

2.8 CONCLUSION OF A CASE .......................................................................................................... XXIII

2.9 INDIVIDUAL CONCLUSION OPINION ........................................................................................XXIV

III
2.10 FOR ABOUT THERM LEGAL LAWS ...........................................................................................XXV

2.11 GLOSARIUM RELATED TO DOMESTIC VIOLENCE CASES .........................................................XXVI

2.12VOCABULARY RELATED TO DOMESTIC VIOLENCE CASES .......................................................XXVII

2.13 SENTENCE TERMS RELATED TO DOMESTIC VIOLENCE CASES ..............................................XXVIII

CHAPTER III CLOSING ......................................................................................................................... XXIX

3.1 CONCLUSION ............................................................................................................................ XXIX

3.2 SUGGESTION ....................................................................................................................... XXX

3.3 BIBLIOGRAPHY ......................................................................................................................... XXXI

IV
ABSTRACT
Domes c violence (KDRT) is a serious problem that requires appropriate legal handling. This
ar cle aims to analyze aspects of criminal law in dealing with cases of domes c violence.
The research method used is literature study by collec ng data from various trusted sources
such as journals, ar cles and other sources. The results of the analysis show that handling
cases of domes c violence must be carried out firmly and fairly in accordance with
applicable criminal law. Apart from that, preven on efforts also need to be made through
educa on and outreach to the public about the importance of respec ng human rights and
avoiding acts of domes c violence. It is hoped that the results of this research can make a
posi ve contribu on to law enforcement and overcoming cases of domes c violence in
Indonesia.
Keywords: Violence, domes c, criminal law.

V
CHAPTER I INTRODUCTION
1.1 INTRODUCTION

Etymologically, domestic violence refers to violence that happens inside the


house. Violence is defined as "suffering or inflicting suffering," which refers to any
activity undertaken by an individual or a group of people who cause suffering to
another individual or group. Wrong One type of violence that occurs in the family
environment is called internal violence household (domestic violence). Anyone can
be a victim of domestic violence, including men, women, children, and senior citizens.
Physical, psychological, sexual abuse, and financial is an example of domestic
violence. Victims of internal violence Households may suffer severe physical and
psychological impacts. Every Indonesian citizen has the right to justice, equality and
security, which includes protection of self and family, property, security, and the
ability to act without fear of repercussions.
These are all human rights that Fundamental. One family member may be
committing domestic violence as a result of the failure of human self-control,
disturbing the peace and integrity of the home and creating a sense of injustice and
insecurity in between Residents. Law Number. 23 Year 2004 on the Elimination of
Internal Violence Household (hereinafter referred to as the Law on the Elimination of
Domestic Violence Ladder), the way law enforcement officials enforce the law. At first
domestic violence was a problem in the household, now domestic violence has
become state problems thanks to the Law on the Elimination of Domestic Violence
which has a legal basis the strong. However, many cases of domestic violence go
unreported, and Despite this, many complaints were dropped due to protracted legal
procedures, contempt, and lack of victim counsel. The following is the basis of
criminal law in addressing domestic violence cases: Government efforts to intervene
and protect the rights of family members in the event of violence as outlined in the
Law on the Elimination of Domestic Violence. Domestic Violence Law Describes
domestic violence as "any act against a person that results in the person suffering or
experiencing physical, psychic, and neglect in the household, including threats to
commit acts, coercion, or unlawful deprivation of liberty within the scope of the
household".
Under Domestic violence, victims of domestic violence are protected and
mandated acts The state to stop domestic violence is taken against those who Do.
The legal definition of domestic violence crime has implications For law enforcement
officials, especially judges, who must be aware of this legal framework in order to
Can take the right decision when faced with certain cases. If Domestic violence
occurs in the community, legal remedies can be taken based on Article 26 paragraph
(1) of the Law on the Elimination of Domestic Violence which stipulates that each
victim can give power of attorney to a family member or other people, both in the
victim's home and in the victim's home. residence and scene litigation, thus enabling
them to report domestic violence to law enforcement, especially the police. In

VI
accordance with laws and regulations that apply, guardians, caregivers, parents, even
the victim himself, if the victim is a minor, may carry out the reporting process. In
handling cases of domestic violence, criminal law plays a very important role.
Criminal law is one of the branches of law which regulates criminal acts and sanctions
given to criminal offenders.
Criminal law can be applied to handle cases of domestic violence by: punish those
who commit acts of violence. However, there are a number of things that must Pay
attention when using criminal law to handle cases of internal violence household. The
lack of reports of domestic violence cases to the authorities is one of the problems
that often arise. This may be due to several things, including shame, fear, or even
pressure from the abuser experienced by the victim. Therefore, the analysis of
criminal law in handling and handling cases Domestic violence is very important to
do. In this analysis, We will discuss the function of criminal law in handling cases of
domestic violence stairs and common problems that arise when the law is applied to
such situations. In addition, the guide also covers initiatives that can be taken to
increase the efficiency of criminal law application when handling cases of violence in
the household. In this journal, the author will discuss what it is Domestic violence and
criminal law analysis in case handling domestic violence and efforts to prevent
domestic violence. It is hoped that this journal can make a positive contribution to
improving handling cases of domestic violence in Indonesia.
The 1945 Constitution of the Republic of Indonesia guarantees a sense of
security and free from all forms of violence in Indonesia. In consideration of Law No.
23 Year 2004 concerning the Elimination of Domestic Violence (hereinafter referred
to as the Law PKDRT) determines, domestic violence (hereinafter referred to as
domestic violence), is wrong One of the Forms of Human Rights Violations and
Crimes Against Human Dignity which is one of the forms of discrimination that must
be eliminated. Departing from consideration of the domestic violence law, examining
the problem of domestic violence as well as concern for human dignity and
humanity. (4) In this report, we will document cases of domestic violence. Through an
in-depth analysis of this case, it is hoped that we can understand better dynamics of
domestic violence and make a meaningful contribution to efforts to overcome it.

1.2 RESEARCH METHODS

The research method used in this study is the study research method
Literature which is one of the research methods carried out by means of collect data
and information from written sources such as books, journals, articles, and other
documents. This method is done by reading, understanding, and analyzing
information contained in these sources. In the context of legal analysis journals
Criminal in handling cases of domestic violence, research methods The literature is
used to collect data and information about criminal law that related to handling
cases of domestic violence.

VII
CHAPTERS II DISCUSSION OF THE PROBLEM

2.1 RESULTS AND DISCUSSION

A. Understanding and Forms of Domestic Violence

Law Number 23 of 2004 defines domestic violence It is every act, especially


against women, that causes women suffering physically, sexually, psychologically, or
both, as well as neglect in the home ladder. This includes threats of action, coercion,
or disappearance his freedom illegally at home. Domestic violence can occur
between siblings, parents and children, spouses, or other family members. Physical
action Such as hitting, kicking, or squeezing are examples of domestic violence
ladder. Psychological measures including threatening, intimidating, or restrictive
freedom.
Sexual acts include forced sexual intercourse. And economic action This
includes limiting access to financial resources. Human rights violated through
domestic violence, which can have major consequences for the Casualties include
trauma, physical and psychological suffering, and even death. Important, then, to
recognize signs of domestic violence and report it to immediately authorities to
obtain assistance and protection. According to the Law on the Elimination of
Domestic Violence,
There are four types of forms of domestic violence, which are as follows:
a. Physical violence
Physical violence is defined as actions that cause harm, pain, or significant
illness. Physical violence includes a variety of violent acts, such as Kicked, punched,
pelted with objects, pulled hair, and much more. Victims of violence Physical can
suffer severe physical and psychological damage. Gender injustice is often Kali
manifested in the form of physical violence against women at home.
b. Psychic violence
Psychic violence is an act that results in fear, loss of taste self-confidence, loss
of ability to act, sense of helplessness, and/or suffering psychic is heavy on a
person. In general, victims experience abuse that can damaging their self-esteem,
including accusations, verbal abuse, abusive language, and threats death or
imprisonment. The most painful type of violence is psychological violence,
Especially if the violence befalls the wife. This is due to depression and helplessness
They are when faced with the husband's rude behavior. Because psychic violence is
traumatizing and fear of its victims, also leaving wounds that are very difficult to
heal. Someone who experiences this trauma may experience psychological
disorders that embarrass her, and her mental health could be compromised if
violence falls on her in the world. later.

c. Sexual violence

VIII
Sexual violence is any act in the form of forced sexual relations, coercion of
sexual relations by unnatural and/or unwelcome means, coercion sexual relations
with others for commercial purposes and/or specific purposes.
Sexual violence can occur in a variety of environments, including at work, at
school, and within the household. Some common forms of sexual violence include
rape, sexual abuse, and fornication. Sexual violence can cause serious physical and
psychological trauma to victims, including physical injury, mental disorders, and
depression.
d. Domestic neglect
Domestic neglect is someone who abandons insiders the scope of his
household, but at the law applicable to him or by consent or covenant he is obliged
to give life, care, or maintenance to people aforementioned. In addition, neglect
also includes any act that restricts or prohibit the victim from doing appropriate
work inside or outside the home for the purpose of placing them under the power
of perpetrators and giving rise to economic dependence. When it comes to
domestic violence, "domestic neglect" refers to on efforts made by victims and
perpetrators of domestic violence to: resolve their differences through family or
other relationships rather than contacting law enforcement or other authorities.
However, through the family line to Resolving the problem of domestic
violence does not always work and can endanger the victim because it can make
things worse and increase the likelihood the occurrence of more violence.
Therefore, it is important to carry out socialization and educating the public about
the different types of domestic violence and its importance Report these violent
crimes to the appropriate authorities. In addition, society should be empowered in
the process of filing complaints and reporting crimes that involving domestic
violence The article that regulates domestic violence in Indonesia is Article 44 of the
Law Number 23 of 2004 concerning the Elimination of Domestic Violence.
This Article states that any person who commits domestic violence can Subject
to criminal sanctions in the form of imprisonment for a maximum of 10 years
and/or a maximum fine of 15 billion rupiah. In addition, Article 5 paragraph (1) of
the Law also states that everyone the right to protection from domestic violence,
including the right to Get security, protection, and prompt and proper handling
from the authorities law enforcement and regulatory authorities. The Law on the
Elimination of Domestic Violence provides a strong legal foundation that making
domestic violence, which was originally a domestic affair, a state affair. To To
protect the rights of victims of violence, especially women, a law was passed
Number 23 of 2004 concerning the Elimination of Domestic Violence. Moreover
problems related to one's household, especially those that Previously it was
completely beyond the reach of criminal law, indirectly as well regulated in Law
Number 23 of 2004 concerning the Elimination of Internal Violence Household.
By applying criminal law to perpetrators of domestic violence Ladder, the
government has implemented the idea of justice. This is seen by looking at
provisions of Law Number 23 of 2004 concerning the Elimination of Internal

IX
Violence Households that regulate the protection of victims' rights. Legal certainty
of the rights and obligations of each family member and identity subjects and
objects can always be obtained through Law Number 23 of 2004 on the Elimination
of Domestic Violence. According to the Criminal Procedure Code and Law Number
23 of 2004 concerning the Elimination of Domestic Violence, cases Domestic
violence is often considered a complaint violation. The reason in behind this is that
lawmakers, particularly the government and parliament, aims to create "balanced
punishment" by taking action against perpetrators of domestic violence and at the
same time also uphold integrity. In other words, they want criminal sanctions to be
a last resort (ultimatum remedium) if peace cannot be achieved. local. Thankfully,
Fatahillah A. (2011): 48. This is in line with the provisions of Law Number 23 of 2004
concerning Elimination of Domestic Violence which states that every citizen the
right to a sense of security and freedom from all forms of violence in accordance
with the philosophy of Pancasila and the 1945 Constitution of the Unitary State of
the Republic of Indonesia. Therefore, All forms of violence, especially domestic
violence, are discriminatory and violate human rights.

B. Efforts to Overcome Domestic Violence Cases

Handling cases of domestic violence requires active involvement of


government, community, and non-governmental organizations. There are two Efforts
that can be made to handle domestic violence cases include:
Preventive Efforts: which is a way or effort made to Prevent before a criminal act of
domestic violence occurs in the middle society because prevention is better than
educating abusers. Some Examples of preventive efforts that can be done include:
1. Increase public awareness about domestic violence and its negative impacts,
It aims to educate the public about the dangers of violence in the
household and ways of prevention. This is an important step in mitigate the
negative impact of domestic violence on individuals and society as a whole. By
conducting educational campaigns, workshops, and other forms of
socialization can raise awareness about internal violence Households and their
impact
2. Increase family awareness to maintain a good household.
Which means educating families about the importance of maintaining
good relationships. healthy and do not commit domestic violence. This is
important because Domestic violence behavior in Indonesia is becoming more
and more Concern. Solutions to address the problem of domestic violence are
not Only with the formation of laws, but also the need for interference hands
and awareness from various parties, both parties who commit domestic
violence, victims, nor parents.
3. Improve the ability of sector police members to suppress domestic violence
cases.
Training and instruction on how to handle situations of domestic
violence Ladders are essential if police personnel want to be more adept at

X
reducing incidents domestic violence. Understand the psychological and
emotional impact on victims, recognizing the warning signs of domestic
violence, and know how to help victims by offering resources and assistance,
Everything should be covered in this course. Police officers should also get
training on how to work with other institutions and groups to deliver full care
to the victim, as well as how to conduct an investigation and collect evidence
in situations involving domestic violence. Violent incidents In the household it
can be reduced and the victim can receive more treatment It is good if police
officers are more knowledgeable and skilled in this field.
Precessive effort: a means or effort made to overcome or Correct after the
occurrence of criminal domestic violence. Some examples Preventive efforts that can
be done include:
1. Providing assistance to victims of domestic violence
Assistance for Victims of Domestic Violence seeks to help and assist
victims in overcoming the psychological impact and trauma caused by
violence in the household. Examples of actions that can be taken to help
victims domestic violence includes conducting psychological counseling
processes, which includes planning ahead for the implementation of support
and execution real psychological help.
2. Cracking down on perpetrators of domestic violence
Cracking down on people who commit domestic violence is akin to act
to enforce the law and punish violators. This is in line with Purpose of
prosecuting perpetrators of domestic violence as stated in Article 4 of Law
Number 23 of 2004 concerning the Elimination of Internal Violence
Household. However, legislation alone will not be enough to address domestic
violence; victims, parents, and even those who committed Crime must actively
participate in giving attention to this problem and take action. Therefore,
socialization and socialization related to presentation Legal science is needed
to empower society.
3. Provide effective support services, such as safe houses and psychologists
To successfully help victims of domestic violence, place Safe haven and
access to mental health care are extremely important. A safe house is a hidden
and secure location where the victim is Domestic violence can escape for a
while from his attacker. Psychological help can be provided in the form of
counseling or therapy, that can assist victims in coping with their trauma and
creating strategies for his future safety.
It is important to teach the victim about their legal rights and provide
them with information on how to receive Help, for example by contacting the
police or requesting a restraining order. Prevention of domestic violence and
efforts in handling it require cooperation from various parties. Only through
these joint efforts can we end the cycle of domestic violence, protect human
rights, and ensure that every individual can live in a safe and violence-free
environment. Law enforcement agencies should also play an important role in

XI
handling cases of domestic violence. Some of the law enforcement agencies
involved in Handling domestic violence cases includes the police, prosecutors,
and court.
Here is the role of law enforcement agencies in handling cases of
violence In the household:
Police: The police have an important role to play in handling cases of violence in
household. They received complaints from victims and conducted investigations to
gather the evidence necessary to crack down on perpetrators of violence.
Prosecutor's Office: The prosecutor's office has an important role in determining
whether a case is violent In the household will be tried in court or not. They also
made indictments and Charges that will be decided by a judge in court.
Courts: Courts have an important role in deciding cases of violence in household.
The judge will consider the evidence presented by the police and The procuratorate
to decide whether the perpetrator is guilty or not. In addition, there are also other
institutions involved in handling cases of violence in households, such as family
welfare consultancy institutions (LK3) and Agencies Family Planning for Community
Empowerment and Women's Empowerment (BKBPMPP). LK3 and BKBPMPP have a
role in providing assistance, counseling, and advocacy to victims of domestic
violence.
To prevent the occurrence of domestic violence, several can be done Efforts
such as:
1. Empowering fostered citizens: Understanding in preventing violence in the
home Stairs can not only be done in society in general, but also for
prisoners/inmates serving sentences in the Penitentiary. Legal counseling in
the form of empowerment of fostered citizens can provide meaningful role in
domestic violence prevention efforts.
2. Application of criminal sanctions: Based on Law Number 23 of 2004
concerning Elimination of Domestic Violence, perpetrators of domestic
violence may face imprisonment, fines, or other criminal penalties in addition
to other punishments such as therapy. But in reality, the criminal
consequences imposed the judge is only a prison sentence; The fine is not
much, not to mention provision of counseling as a further punishment.
3. Community Empowerment: Family Planning Agency Community
Empowerment and Women's Empowerment (BKBPMPP) can provide
assistance to victims of domestic violence. This can help give you rights
victims of violence so as not to become a bigger problem.
4. Family education: Family education can help prevent the occurrence of
domestic violence. Families can be taught about the importance of respect
each other, resolve conflict in a good way, and build Good communication
between family members.
5. Effective law enforcement: Effective law enforcement can help prevent the
occurrence of domestic violence. Law enforcement officers must treat cases of

XII
domestic violence seriously and provide legal protection to victims of
violence.

2.2 EXAMPLES OF CASES OR CASES OF DOMESTIC VIOLENCE

Percentage of violence cases registered in the Ministry of Protection


Symphony Women and Children stated that until 2021 there were 20.4% of cases
Violence occurs in men and 79.6% of cases of violence occur in women. (Ministry of
Women and Child Protection 2020. (3) The 1945 Constitution of the Republic of
Indonesia guarantees a sense of security and free from all forms of violence in
Indonesia. In consideration of Law No. 23 Year 2004 concerning the Elimination of
Domestic Violence (hereinafter referred to as the Law PKDRT) determines, domestic
violence (hereinafter referred to as domestic violence), is wrong One of the Forms of
Human Rights Violations and Crimes Against Human Dignity which is one of the
forms of discrimination that must be eliminated.
Departing from consideration of the domestic violence law, examining the
problem of domestic violence as well as concern for human dignity and humanity. (4)
In this report, we will document cases of domestic violence. Through an in-depth
analysis of this case, it is hoped that we can understand better dynamics of domestic
violence and make a meaningful contribution to efforts to overcome it.
A woman with the initials NAS aged forty-eight years to Centra Visum of
Bhayangkara Hospital Makassar City on Wednesday the eleventh of October year two
thousand twenty-three o'clock nineteen past forty-five Indonesian time middle. The
patient was taken to Centra Visum RS Bhayangkara Makassar by his son.
According to the victim's account, on the ninth of October the year two
thousand two Twenty-three at twenty past thirty central Indonesia time occurred the
dispute between the victim and also the perpetrator who is the victim's own
husband, then The perpetrator is angry and feels unacceptable, so the perpetrator
tries to hit the victim Using a car vehicle, the victim was dragged to hit an electric
pole. Victim said that he had been subjected to repeated violence since 20 years ago.
The victim said that the cause of the violence experienced was due to the presence
of debt receivables owned by the perpetrator, as well as the presence of a third
person in the scope of the household victims as well as perpetrators.

XIII
XIV
A. Results And Discussion Related To The Case

On physical examination obtained Full consciousness Glasgow Coma Scale:


Fifteen (E4V5M6). Pulse is obtained 84 times / per minute, Breathing is obtained 24
times per minute, Blood Pressure obtained 120/80 mmHg, Body Temperature
obtained 36oC. The victim wore brown long-sleeved shirt, green pants and also
wearing a hijab The rectangle is black. Height 180 cm, body weight 80 kg.

On the lower limbs, on the right thigh a wound with a description is obtained:

• Visible one closed wound in the form of a bruise on the right side thigh with size
length 1.4 cm x 0.8 cm. The boundaries of the wound are not firm and irregular
shape. The area within the borderline of the wound looks unprotruding (swollen),
consisting of skin which is still intact. The surface of the wound is yellowish-purple.
None exfoliation and no bleeding.

• There was a closed wound in the form of a bruise on the right side of the calf with
a length of 5.0 cm x 2.0 cm. The wound boundary is not firm and the shape is not

orderly. The area within the borderline of the wound looks unprotruding (swollen),
consisting of intact skin. The surface of the wound is yellowish-purple. None

exfoliation and no bleeding.

B. Discussion

The phenomenon of domestic violence in the household is an act of violence


against a person, especially women who are often called wives, which includes
physical, sexual violence, psychological, and neglect. However, many people still lack
understanding of domestic violence and consider it mere physical violence. Data on
physical domestic violence is easier found through complaints from police, hospitals,
or NGOs, while non-physical domestic violence It often goes unreported because
victims can still receive physical violence. (4 The term domestic violence is defined in
Law Number 23 of 2004 concerning The elimination of domestic violence is often
referred to as violence domestic. Domestic violence is not limited to conjugal
relationships within the household, but it also includes violence against others within
the scope of the household. Such other parties include husbands, wives, children
(including adopted children and stepchildren), people who have family relationships
with husbands, wives, and children through various Family ties such as blood,
marriage, milk, upbringing, and guardianship, as well as people who work to help the
household and live in the household.

XV
2.3 FORMS OF DOMESTIC VIOLENCE

The forms of domestic violence, namely:


• Physical Violence, which is acts that cause pain, falling ill, or injury heavy.
Physical violence can be exemplified such as kicking, slapping, hitting,
bumping, biting and so on. The act that caused the pain Of course, they must
get medical treatment according to the violence they experienced.
• Psychic violence, which is actions that cause fear, loss of trust self, loss of
ability to act, sense of helplessness, and/or suffering psychic is heavy on a
person. Exemplified such as threatening behavior, intimidating, berating /
insulting, bullying and so on.
• Sexual Violence, which is any act in the form of forced sexual relations,
coercion of sexual relations by unnatural and/or unwelcome means, coercion
sexual relations with other persons for commercial and/or specific purposes,
which includes: forced sexual intercourse committed against a sedentary
person within the scope of such households; coercion of sexual intercourse
against Salah a person in his household with another person for commercial
purposes and/or specific purposes.
• Domestic Neglect, which is the act of abandoning people within the scope of
the home stairs, even though according to the law applicable to the person
concerned or because consent or agreement he is obliged to give life, care, as
well as maintenance to the person. Neglect also applies to everyone who
resulting in economic dependence by restricting and/or prohibiting to work
properly inside or outside the home so that the victim is under control of the
person.

2.4 FACTORS CAUSING DOMESTIC VIOLENCE AND DISCUSSION

A. Economic Problems

Economic problems that obtained among others; Low family income due to
husband's salary low, husband neither work nor husband unable to work (due to
disability or entangled in criminal cases); the presence of Domestic neglect (marked
in the absence of subsistence by husband) ; There are also households that must be
entangled in accounts receivable affairs.
Domestic Violence Roundtable revealed that one of the factors that prevents a
survivor from report the violence they receive is economic dependence.
A survey conducted by Los Angeles Police Department (LAPD) mention that
survivors with economic dependence chooses to did not report the domestic
violence he received. This is due to survivors have concerns about his survival after
do reporting. Survivors have the thought that he does not have skills and capital to
work if you have to live a separate life from perpetrators of domestic violence.

XVI
B. Infidelity

Results of data analysis carried out by researchers indicates the absence of


Meaningful relationships between occurrences infidelity with case reporting
Domestic violence on the part of Police. This can happen because Some things
include:
A. Threats
Threats can be in the form of an attempt to kill the victim, attempts to
injure victims and members other families, threats to bring Blurring of
children, threats to enter the victim in a mental hospital, and Etc.
B. Fear of divorce
The biggest impact post-divorce occurs in psychological aspects that
Usually felt heavier by the party wife. Frequent psychological effects inflicted is
anxiety, depression, emotional instability, loneliness and deep sadness.
C. Parents' fear of Child psychology
Children who see Disharmony in the family will feeling the presence of
a negative atmosphere and It's not safe when you're at home.
Conflict What happens in the household leads to reduced togetherness and
the affection he received in family so that the child will experiencing
emotional disturbances and Post-divorce psychological aforementioned.
Overview of emotional impact and The above psychological causes a lot
Couples who choose to stay in unhappy marriage. Irwin Mitchell in his
research stated that 1 in 4 married couples feel unhappy in his marriage
however Choosing to stay together for Demi the happiness of his children.

C. Number of Children

Both cases acquired related to infertility problems. The female side tends to
experience greater psychological impact in Facing infertility problems compared to
men. Frequent impact occurs is depression, anxiety, feeling helpless, shutting yourself
off from life social due to shame, and trigger the emergence of domestic problems
such as domestic violence. The data obtained shows that there is no correlation
between the amounts Children with Reporting Cases of Violence in the household on
the part of the police.
This is due to a tendency The victim party to blame themselves alone and
deserving of violence over the infertility problem she faced.18 The negative stigma
circulating will be affect the lives of victims along with his family because he was
considered barren thus causing embarrassment. It is this paradigm that causes a
woman who has not been blessed with children will be afraid to report violence he
received on the side Police.

XVII
D. Social

Social influence in occurrence Domestic violence is sufficient large but does not
influence the decision Victims to report violence He received it to the police. It is can
be motivated by several stigma that exists in society. Victims are worried about the
existence of rejection or negative imagery that given by society to victims as well as
perpetrators. In addition, society still consider that divorce is a shameful thing
because describe failures in build a household. 20 Existence Negative stereotypes of
society Making Victims of Domestic Violence stairs feeling lack of confidence,
depression, and tends to blame himself alone as a proper party receiving violence
from the perpetrator.
E. Culture

The concept of male domination culture (patriarchy) in all aspects of life has
been in effect since antiquity and Still developing into adulthood Ini. As a result, there
are still many people subordinated females, marginalization, harassment,
discrimination, exploitation, etc. Behaviour Violence is often associated as One of the
ways men to solve problems. Hardness carried out as a form of action intimidative
towards women so that can do what you want by his partner. Patriarchal culture too
Have an impact in the form of a mindset on women to always behave surrender, yield,
put first the interests of others, maintaining her dependence on men, and Always
prioritizing the role of husband companion and babysitter.
F. In-depth Interview

Researchers conduct interviews in-depth on one of the PPT clients


CHRYSANTHEMUM. The abuser is the husband from the client. Clients are abused
physical, psychic, and home neglect ladder. The main problems are The causes of
domestic violence are husband does not want to admit the child's results Their
marriage is due to the breed The gender is female. After that, the victim evicted from
home and a few weeks then got a call from Religious Court because of husband filed
for divorce. The victim wants to fight for confession of perpetrators written against
their child.
It is Relating to the fulfillment of rights education and health for his child. The
victim does not want to at first bringing this problem in the realm of law due to
concerns on conditions her child's psychology. Casualties at the time also have
confidence that the perpetrator is someone who is good and highly educated.
Previous victims only works as a housewife and not granted access to manage family
economy.
This is in line with research Henri Yudianto who mentioned there Some factors
that hinder a person Women in reporting on parties Police. Such inhibiting factors
among others, lack of access to information, fear of domestic neglect, shame on social
status as a widow victims of domestic violence, maintaining a good name family, and
protect children from Psychic Impact Due to Separation of People old.

XVIII
G. Research Limitations

The limitation of this study lies on incomplete data quality thus hampering the
classification process variable. Time constraints too is an obstacle for researchers to
conduct in-depth interviews on some survivors.

2.5 RULE OF LAW AFFECTING LAW ENFORCEMENT AGAINST DOMESTIC


VIOLENCE LADDER

Arf Rules applied in law enforcement against domestic violence is Law Number
23 of 2004 concerning the Elimination of Violence in the Home Ladders for physical
violence are subject to Article 44 paragraph (1) i.e. everyone who commits acts of
physical violence within the scope of the household as referred to in Article 5 letter a
shall be punished with a maximum imprisonment of 5 (five) years or a maximum fine
IDR 15,000,000.00 (fifteen million rupiah). Article 44 paragraph (2) is in the case of
deeds as referred to in paragraph (1) results in the victim getting sick or injured
severe, punishable with a maximum imprisonment of 10 (ten) years or a maximum fine
IDR 30,000,000.00 (thirty million rupiah).cPsychological violence is subject to Article 45
paragraph (1), namely: Everyone who commits acts of psychic violence within the
scope of the household as referred to in Article 5 point b shall be punished with a
maximum imprisonment of 3 (three) years or a maximum fine of Rp. 9,000,000.00 (nine
million rupiah).
Marriages that are under the hands or serial marriages that occur in violence
Households charged under Article 351 of the Penal Code in subsection (1)
Persecution is punishable by imprisonment for a maximum of two years and eight
months or a fine of up to Rp. 4,500, (2) If the act causes serious injury, the offender
shall be punished with imprisonment for imprisonment for imperpetuity five years;
(3) If the act kills the person, he shall be punished with imprisonment for not more
than seven years. (4) With persecution is equated with damaging the health of
people with deliberate. Law No. 23 of 2004 is only dropped or imposed on pairs
husband and wife on a marriage that is valid according to the Law.

XIX
2.6 THE ROLE OF DOCTORS IN DOMESTIC VIOLENCE CASES

In a state of law, the law applies to all citizens and their officers in the country.
wherever they are. Law regulates social order and national life and State. Although
lawlessness is common in society, governments and Law enforcement strives to
prevent crimes before they occur. Prevention efforts involves legal counseling, while
legal action is taken after the judge makes legal decision. In the trial, the guilt of the
accused is determined through evidence and witness statements. The judge may only
award a sentence if there are two valid pieces of evidence that support the guilt of
the accused. The principles of proof govern how evidence is It is used in courts.
Doctors have an important role in criminal investigations as medical experts
who can conduct examinations on victims of criminal acts. They help in find evidence
necessary for legal proceedings, including providing reports visum et repertum. The
Code of Criminal Procedure stipulates that all victims of criminal acts must be
examined by judicial physicians or other physicians, depending on the type of
criminal act that experienced by the victim.
Importance In some cases of criminal acts that are difficult to uncover,
Investigators often need help from experts, such as forensic doctors. Experts assist in
uncovering complex cases, including through the exhumation process if Needed. The
presence of experts is very influential in the research process and settlement of
criminal cases. Expert testimony is provided for in the criminal procedure law, and
their role In giving testimony in court is very important in supporting justice

XX
2.7 VISUM ET REPERTUM EVIDENCE USED IN THE PROCESS OF PROVING
DOMESTIC VIOLENCE CRIMES

Article 55 of the Law on Domestic Violence is a form of ease of proving


domestic violence crimes. The convenience lies in the testimony of a victim witness
alone is considered as valid and sufficient evidence as long as it is supported by
other evidence that is considered valid, For example, the victim's witness statement is
supported by a visual statement or a certificate medical that has the same legal force
as evidence, or by using clue evidence, which can be drawn or dug up and described
by a judge or prosecutor general from the defendant's testimony or from the
incident or from the existing circumstances The compatibility between one another.
However, it is not easy to find a clues as evidence, because in order for clues
to be assessed as evidence, there must be Correspondence between acts, events or
circumstances and criminal events. Although thus the evidence in the Law on
Domestic Violence still refers to the principle of minimum limits Prove. That is, to
prove the guilt of the defendant must be at least two valid pieces of evidence. In the
case of spousal violence against wives in this writing, on The evidentiary process is
used evidence, namely victim witness statements, witness statements, the
defendant's testimony and the evidence of the letter, namely Visum Et Repertum to
prove the guilt of the accused.
Visum evidence for some people is still considered a taboo and difficult thing
understandable, but actually Visum evidence is evidence that has a position which is
important to prove the existence of a criminal act, especially in evidence criminal acts
of domestic violence. In forensic medicine itself the results visum is usually referred
to as Visum et Repertum. Forensic Medicine or Justice, namely medical science
applied for the benefit of the judiciary. Related to the existence of visum et repertum
is not specifically stated in the Code of Criminal Procedure, where The Criminal
Procedure Code regulates Article 184 which contains what evidence can be obtained
in File it at the trial. Article 184 of the Code of Criminal Procedure only includes
letters, instructions, expert statements, witness testimony and the main thing is the
testimony of the accused.
Visum in this case can be entered into the letter evidence where the results of
the visum is an authentic evidence of physical violence that occurred, the cause the
occurrence of violence, caused by what object the wound or bruise is and how big
the existing wound. There are acts of violence committed with visual evidence It is
indeed indispensable in the trial, it would be nice if the visum is done as soon as
possible after the violence occurred. This is due to signs of violence Sooner or later it
will definitely heal with the worst probability that the wound will disappear.
With the loss of wounds or bruises will make it difficult for enforcement
officials law in proving the existence of a criminal act. As additional evidence for
Strengthening investigations Law enforcement officials have the authority to request
assistance to experts in this case psychiatrists or psychologists to conduct an

XXI
examination of the victim to clarify the violence that occurs to the victim, which in
some cases Violence can attack a person's psyche. In the case of conducting checks
on victims, law enforcement officials do not have sufficient authority or knowledge to
can determine the form and cause of such physical abuse. Only doctors who with its
authority has juridical legitimacy and scholarship is issued for the results of Visum.
As for what is meant by the power of Visum et Repertum as evidence of Surat
in Revealing a criminal offence is described as follows:
• Visum et Repertum is a tool of evidence that has absolute and absolute power
Important to use in proving the existence of a criminal act. Visum et Repertum it
can be categorized as evidence in the form of a letter where in Article 187 Criminal
Procedure Code letters a, b, and c state that letters are perfect evidence. This is
because the letter is an authentic deed made officially based on the procedure
established by the Law.
• Visum et Repertum is a tool of evidence that cannot be used without being
supported by other evidence, so Visum et Repertum cannot be said to be
evidence which stands alone. So the existence of Visum et Repertum alone cannot
prove that a person has committed a criminal offence. This is in accordance with
the principle of minimum proof contained in Article 183 of the Code of Criminal
Procedure. Provisions in Article 183 of the Code of Criminal Procedure has a close
relationship with Article 185 paragraph (2) of the Code of Criminal Procedure
where states that the presence of a single witness in the trial is not sufficient to
prove the existence of guilt on the part of the defendant.

XXII
2.8 CONCLUSION OF A CASE

Based on the description of the wound on forensic examination, both wounds


were on the thigh The victim's right and right calf were bruised. Both wounds have a
boundary indecisive and irregular shape. The area around the wound is not swollen
(protruding) and the skin is intact. The wound surface has a yellowish-purple color
and is not There is peeling or bleeding. Bruising is a sign of trauma or Impact on the
area, but this wound does not suffer damage to the skin or tissue underneath. In a
forensic context, these bruises can be evidence or indications of acts of violence or
abuse on the victim, and it is important to investigate more Continue to reveal the
cause and chronology of the incident.
In the process of proving domestic violence crimes, the Law on Combating
Violence In the Household (PKDRT) provides convenience in terms of proving guilt
the accused, as stipulated in Article 55 of the Domestic Violence Law, which reads:
"As evidence that Validly, the testimony of a victim witness alone is sufficient to
prove that the accused guilty, provided there is other valid evidence to support it."
From this chapter, it can be concluded that to prove the guilt of the accused, it is
sufficient to testify to a victim witness if there is other valid evidence that supports
according to the law.
In the case that Discussed in this writing by the author, in the process of proof,
evidence is used in the form of victim witness statements, other witness statements,
defendant statements, and evidence in the form of Visum Et Repertum to prove the
guilt of the accused. In both the investigation and trial process, there is a congruence
between witness statements, defendant statements, and evidence of Visum Et
Repertum letters. Generally Proof of psychic violence in cases of domestic violence is
inhibited by several factors.
First, there are differences in understanding among law enforcement officials
about the application of domestic violence law, so there are differences in perception
on how to prove it. Second, there is a considerable time lag between the events and
examination of Visum Et Repertum, so that the results of the visum are less
supportive in the legal process.

XXIII
2.9 INDIVIDUAL CONCLUSION OPINION

This case is very serious and requires proper and fair handling. Acts of
domestic violence not only violate the law, but also damage the physical and mental
well-being of victims. In these cases, the victim has been subjected to serious
physical abuse, which can leave physical scars as well as deep psychological trauma.
The first step to take is to provide appropriate protection and medical assistance to
the victim. Victims also need to be provided with psychological support to help
recover from the traumatic impact of the incident.
Furthermore, authorities, including police and local legal institutions, must
take legal action against perpetrators of violence. This includes investigating cases,
gathering evidence, and ensuring that perpetrators are brought to justice in
accordance with applicable law. Not only that, there needs to be efforts to ensure the
long-term safety of victims, including through legal protection measures such as
restraining orders or contact restriction orders against perpetrators.
In addition, it is important to raise awareness and education about domestic
violence in the community to prevent similar incidents from happening in the future.
This can be done through public campaigns, education programs, and training to
help change attitudes and behaviors that support domestic violence. This case
highlights the importance of taking domestic violence seriously and the need for
cooperation from all parties – including legal institutions, governments, and the
general public – to eradicate it and protect vulnerable victims.

XXIV
2.10 FOR ABOUT THERM LEGAL LAWS

In Indonesia, there are several laws and regulations related to handling cases
of domestic violence (KDRT). Here are some of them:
1. Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU
KDRT): This law provides a legal basis to protect victims of domestic violence
and sanction perpetrators. This law provides a clear definition of domestic
violence and authorizes law enforcement officials to handle domestic violence
cases.
2. Law Number 35 of 2014 concerning Child Protection: Although not specifically
related to domestic violence, this law also provides protection for children
who are victims of domestic violence.Children are often direct victims or
witness domestic violence in their households, and these laws provide a legal
basis to protect them.
3. National Police Regulation of the Republic of Indonesia (PERPOL) Number 8 of
2009 concerning the Handling of Domestic Violence by the Indonesian
National Police: This regulation regulates the actions and procedures that
must be followed by the police in handling domestic violence cases.
4. Regulation of the Minister of Women's Empowerment and Child Protection
Number 5 of 2010 concerning Guidelines for Handling Complaints and
Reports of Domestic Violence: This regulation provides guidelines to
institutions and officials responsible for handling reports and complaints
related to domestic violence.
5. Central and Regional Policies: In addition to the above regulations, there are
also policies from the central and local governments that aim to improve the
protection of victims of domestic violence and the prevention of domestic
violence. These are only some of the regulations and laws related to domestic
violence in Indonesia.
The implementation and enforcement of these regulations are important to provide
effective protection for victims of domestic violence and provide strict sanctions to
perpetrators of violence.

XXV
2.11 GLOSARIUM RELATED TO DOMESTIC VIOLENCE CASES

Here are some terms that are often used in the context of Domestic Violence
cases and their explanations:
1. Domestic Violence (KDRT): All forms of violence that occur in the domestic
environment, be it physical, sexual, psychological, or economic.
2. Victims of domestic violence: A person who is the target of domestic violence,
can be a spouse, children, parents, or other family members.
3. Perpetrators of domestic violence: People who commit violence against family
members or partners in their household.
4. Physical: Violence that causes physical injury or pain to the victim, such as
hitting, kicking, or pushing.
5. Sexual: Violence involving forced sexual activity without the consent of the
victim, including rape or sexual assault.
6. Psychological or Emotional: Violence that damages the victim's mental or
emotional health, such as threats, verbal abuse, or social isolation.
7. Economic: Violence that controls or suppresses victims through financial
controls, such as prohibiting victims from working or controlling access to
money.
8. Temporary Detention Order (PPS): A court's decision to temporarily detain a
person suspected of domestic violence during the investigation process and
further investigation.
9. Protection (Marriage) Order: A court order issued to protect victims of
domestic violence from further contact or violence from the perpetrator.
10. Integrated Service Center for Women and Children Empowerment (P2TP2A):
An institution that provides counseling, legal assistance, and support services
to victims of domestic violence and children who are threatened or victims of
violence.
11. Legal Aid: Services provided to assist victims of domestic violence in the legal
process, including obtaining information about their legal rights and obtaining
assistance in filing a report or lawsuit.
12. Offender Rehabilitation: Intervention and rehabilitation programs to help
perpetrators of domestic violence change their violent behavior and prevent
further violence in the future.
13. Domestic Violence Prevention: Efforts to prevent domestic violence through
education, public awareness, and interventions aimed at individuals, families,
and communities.

XXVI
2.12VOCABULARY RELATED TO DOMESTIC VIOLENCE CASES

1. Domestic Violence (Domestic Violence): This stands for the case you discussed, so it is
very important to use this term consistently in your paper.
2. Perpetrator: This refers to perpetrators of domestic violence.
3. Victim: The person who was the target of domestic violence.
4. Cycle of Violence: This refers to a pattern of violence that occurs repeatedly in
relationships affected by domestic violence.
5. Psychology of Victims and Perpetrators: This study can help explain the factors that
influence the behavior of victims and perpetrators in cases of domestic violence.
6. Intervention: Actions or programs aimed at stopping violence and providing protection to
victims of domestic violence.
7. Social and Psychological Impact: It involves the long-term effects of domestic violence on
individuals, families, and communities.
8. Protection Act: Refers to existing laws or regulations to protect victims of domestic
violence and enforce the law against perpetrators.
9. Prevalence: A statistic or number that shows how common domestic violence cases are in
a population or area.
10. Parenting Intervention: This is a strategy to assist victims of domestic violence who are
also parents in coping with the impact of violence on their children.
11. Counseling and Support: Services available to assist victims and perpetrators of domestic
violence in coping with trauma and resolving conflicts.

XXVII
2.13 SENTENCE TERMS RELATED TO DOMESTIC VIOLENCE CASES

1. "Victims of domestic violence experience various forms of physical and


emotional abuse from their partners."
2. "Many cases of domestic violence go unreported because victims feel scared
or ashamed."
3. "The psychology of victims of domestic violence is often affected by ongoing
trauma."
4. "The cycle of domestic violence is often difficult to break due to factors such
as substance abuse and economic stress."
5. "The social impacts of domestic violence include social isolation and
decreased quality of life."
6. "A holistic therapeutic approach is needed to help victims and perpetrators of
domestic violence break the cycle of violence."
7. "Domestic violence protection laws must be strictly enforced to provide justice
to victims and avoid a repeat of violence."
8. "Effective interventions must provide adequate resources and support to
victims of domestic violence."
9. "Prevention of domestic violence involves educating people about healthy
relationships and conflict resolution."
10. "Domestic violence cases often have a long-term impact on the physical and
mental health of victims."

XXVIII
CHAPTER III CLOSING
3.1 CONCLUSION

From the explanation above, it can be concluded that domestic violence


(Domestic violence) is an act of violence that occurs within the household and can be
committed by anyone against anyone, including men, women, children, and senior
citizens. Physical, psychological, sexual, and financial abuse are examples of domestic
violence ladder. Victims of domestic violence may suffer physical impact and severe
psychological. Every Indonesian citizen has the right to justice, equality, and security,
which includes protection of oneself and family, property, taste safe, and the ability
to act without fear of repercussions.
These are all human rights basic human beings. Combating domestic violence
through legal analysis Crime is an important thing to do. Law on Abolition Domestic
Violence (UU-PKDRT) No. 23 of 2004 prohibits domestic violence towards people
within the scope of their household by means of physical, psychological, sexual
violence or neglect in the household. With the passing of Law Number 23 In 2004 on
the Elimination of Domestic Violence, society began Realizing that domestic violence
is not just a family problem but It is also a criminal offense that must be reported to
the authorities.
After In the enactment of this Law, various efforts were made to address
violent incidents in the household, and the result is positive. In addition to
cooperating with professionals health, social workers, chaplains, and accompanying
volunteers, law enforcement officials, Like the police, advocates, and courts, it also
plays an important role today. Therefore Therefore, in the event of domestic violence,
society must play an active role to report it to the appropriate authorities.

XXIX
3.2 SUGGESTION

1. Seek help immediately: For victims of domestic violence, it is important to seek help
immediately from appropriate sources, such as protection agencies, counselors, or
authorities. Do not hesitate to contact emergency services if in danger.
2. Create a safety plan: Victims need to create a safety plan to protect themselves and
children from possible violence. This may involve contacting friends or family who can
provide shelter, storing important documents, or identifying safe evacuation routes.
3. Don't beat yourself up: Victims of domestic violence often feel guilty or ashamed for the
violence they experienced. It is important to remember that the violence was never
appropriate and was not the fault of the victim.
4. Build a support network: Building a strong support network can help victims of domestic
violence feel heard, supported, and not alone. This could include friends, family, or
support groups.
5. Understand legal options: Victims of domestic violence need to understand the legal
options available to them, including obtaining a protection order or reporting violence to
authorities.
6. Go through the healing process: After leaving an abusive situation, the victim needs to
pay attention to the physical and emotional healing process. This may involve counseling,
psychological support, or trauma therapy.
7. Teach about healthy relationships: It is important to educate the public about the signs of
domestic violence and the importance of healthy, respectful relationships.
8. Pay attention to children: Children involved in domestic violence situations also need
special protection and attention. Supporting children in coping with the emotional impact
of violence is crucial.
9. Support law enforcement: Supporting strong law enforcement against perpetrators of
domestic violence is important to prevent repetition of violence and provide justice to
victims.
10. Advocate: Engage in advocacy for social change and policies that support victims of
domestic violence and prevent violence in the community.

XXX
3.3 BIBLIOGRAPHY

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