PERTIMBANGAN PUTUSAN HAKIM PADA PELAKU KEKERASAN TERHADAP ISTRI (Studi Kasus Putusan No. 182/Pid.B/2010/Pn.Yk)

Jemiun, Paskalis Yosef (2011) PERTIMBANGAN PUTUSAN HAKIM PADA PELAKU KEKERASAN TERHADAP ISTRI (Studi Kasus Putusan No. 182/Pid.B/2010/Pn.Yk). S1 thesis, UAJY.

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Abstract

Violence toward the women or females is an action of violating law and human rights (HAM). Legal violating action can be charged by heavy criminal punishment in Civil Code and Acts Number 23 of 2004 on Elimination of Domestic Violence. The judge in sentencing a verdict does not only refer to merely Acts on Elimination of Domestic Violence, however the judge have to consider from some different explanations of witness in sentencing a case. From the aforementioned background thus the problem formulation in this research was how is the consideration of judge’s decision that made heavier the husband as violence perpetrator toward the wife in State Court of Yogyakarta, in order he get warry effect and refrain to redo his action, and whether there any barriers to the judge in sentencing a case of domestic violence conducted by husband towards his wife reviewed from the Acts Number 23 of 2004. The purpose of this research was: 1) to know the consideration of judge’s decision that make heavier to the husband as domestic violence perpetrator towards his wife in State Court of Yogyakarta in order he get wary effect and refrain to redo his action, and 2) to know whether there any barriers to the judge in sentencing case of domestic violence conducted by husband towards his wife in State Court of Yogyakarta reviewed from the Acts Number 23 of 2004. The type of this research was normative research focused on legal norms and this research required secondary data (legal sources) as primary data. This research used secondary legal material, i.e. legal source by forms of documents, literatures, and references. The method of data collection used in this research was observation, interview, and documentation. The subject of this research was the Judge in State Court of Yogyakarta. The gained data was then analyzed by using analysis approach and case approach. The result of this research showed that legal consideration will consider the explanation of witness in particularly the victim witness. The judge faces no impediments in completing the case of domestic violence towards the wife in State Court reviewed from the Acts Number 23 of 2004 by reason of all cases filed to court by form of case has been compiled and the judge should merely inspect the available sheets from the investigators and there is no barriers at all by reason of the case filed in this court is certainly opened and includes the victims which also explain trustworthily, as well as inform what they had seen.

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