Penegakan Hukum Tindak Pidana Kekerasan pada Perkawinan Siri

Abstract

Domestic violence is any act against someone, especially women, which results in physical, sexual, psychological misery or suffering, and/or domestic neglect, including threats to commit acts, coercion, or unlawful deprivation of liberty within the household. On the other hand, in the application of criminal sanctions, there is still often dualism in the application of criminal provisions. This dualism occurred following the promulgation of the PKDRT Law but the regulations in the Criminal Code still apply. The type of research used in this thesis is normative (legal research), using a statutory approach, a conceptual approach and a case approach. The problems in this thesis are: How to resolve cases of criminal acts of violence committed by unregistered marriage couples and how to enforce the law against criminal acts of violence by unregistered marriage couples. The results of the research in this thesis are that there are differences in the application of law by law enforcers in resolving domestic violence crimes that occur in unregistered marriage couples. Some law enforcers use articles in the Criminal Code, while others use the PKDRT Law in enforcing the law on domestic violence crimes. This is a result of the existence of articles with multiple interpretations or vague norms in the PKDRT Law, especially Article 2 of the PKDRT Law. The article does not state that marriage must be a registered marriage. This has resulted in many interpretations, resulting in differences in the use of law in law enforcement for domestic violence crimes between the Criminal Code and the PKDRT Law. In fact, Article 2 of the PKDRT Law also states that even people who are not related by blood, if they live in a household, can be included in the household category so that if a crime of violence occurs within the household, it can be categorized as domestic violence. Law enforcers, especially public prosecutors, in dealing with cases of criminal acts of violence committed by unregistered marriage couples often use alternative charges, namely articles of the Criminal Code and articles of the PKDRT Law. This is to anticipate which paradigm will then be adopted by the judge. Do consider unregistered marriage to be included or not within the scope of the household? This kind of thing is certainly not good if it continues to be done because it is related to justice and legal certainty in law enforcement. Concretely, law enforcement requires harmonization of all elements, starting from the substance/content, structure/apparatus, and also supported by culture.