Undang-undang terhadap jenayah keganasan rumah tangga: kajian kes di Bandar Jambi, Indonesia
Domestic violence is a crime where the victim is usually a female (wife) and the offender is a male (husband). The law applicable for domestic violence is Law No. 23 of 2004 on the Ellimination of Domestic Violence. Unfortunately, the control measures for this crime is inadequate and the enforcement...
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| Format: | Thesis |
| Language: | English English English |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/9164/1/s94672_01.pdf https://etd.uum.edu.my/9164/2/s94672_02.pdf https://etd.uum.edu.my/9164/3/s94672_references.docx https://etd.uum.edu.my/9164/ |
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| Summary: | Domestic violence is a crime where the victim is usually a female (wife) and the offender is a male (husband). The law applicable for domestic violence is Law No. 23 of 2004 on the Ellimination of Domestic Violence. Unfortunately, the control measures for this crime is inadequate and the enforcement of laws against it in Jambi
City is also weak. For the purpose of this study, socio-legal research methods and field study were used to scrutinize the text of the legislation known as Law No. 23 of 2004 and the law enforcement of physical domestic violence which starts from the victim to the Jambi State Court. Interview methodology was used in in respect of parties related to the enforcement of domestic violence laws in Jambi City. The result of this study revealed that the factors that led to the victims’ actions were their fear that the family’s
honor would be tarnished and their weak grasp of the law. These weaknesess were due to various reasons such as poor understanding of the law, the role of the community in controlling the crime that was rampant and the enforcement of the law; which can destruct the family institution. Therefore, improvements are necessary to overcome these issues and this study proposes that a review of the provisions in Law No. 23 of 2004 on the Ellimination of Domestic Violence is imperative to provide for a protection mechanism and a better enforcement of the law against domestic violence as this crime has resulted in the occurence of violence, threats of violence, torture and low humanitarian values in the Republic of Indonesia. To enhance an integrated implementation between the criminal justice system, the law enforcement authorities and the domestic violence victim protection service agency, distinct procedures are crucial for the handling of cases from the investigation stages until the case is heard in court. Also, the substantive jurisdiction of the Syariah Court needs to be revised as this study reveals that most divorce cases stemmed from domestic violence. |
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