KENDALA PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KEKERASAN SUAMI

YUDHA, SONY KUNADY (2010) KENDALA PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KEKERASAN SUAMI. S1 thesis, UAJY.

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Abstract

The objective of this research was to know the implementation of the law protection toward wives as victims of the husbands’ mistreatments and to know the constraints to be faced. It was a normative law research focused on positive legal norm. The research use secondary data (law material) as the primary data. The resources were taken from secondary data consisting of primary law materials related to the protection toward the wives as the victims of the husbands’ mistreatments; legal norms in the form of legislation regulations; and the secondary law materials in the form of law opinions taken from literatures (book), news paper and magazines. The analysis method was used normatively. Normative here meant that this research was based on the more spreading events of mistreatment toward woman, especially the cruel treatment of husband in family toward the wives in relation the effective rules. While mistreatment here means the husbands’ injustice conduct, oppression, torture, and so on the wife. Mistreatment in this paper was distinguished into usual, moderate and severe treatments that could lead to death. Likewise, the law punishment will be different depending on the severity of consequence of the action. The protection given to the victims might be from the family, the police, the attorney, the court, the advocate, the sosial institution, or the parties. The services given to the victim might be in temporary or based on the protection order specified by the court; health care that suitable with the medical decision; special treatment related to the confidential status of the victim; accompaniment by the sosial workers; and spiritual guidance. Mistreatment conducted by a husband to the wife is an action subjected to law punishment. The enactment of the Act No 323 of 2004 on the Abolition of Violence Action in family was perceived to be sufficient to give protection to the victims, because it regulates the protection forms can be given to the mentioned victims.

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