MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA KEKERASAN DALAM RUMAH TANGGA PADA TINGKAT PEMERIKSAAN DI KEPOLISIAN

Sambodo, Purbondanu Kunto (2020) MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA KEKERASAN DALAM RUMAH TANGGA PADA TINGKAT PEMERIKSAAN DI KEPOLISIAN. JURNAL HUKUM.

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Abstract

The settlement of criminal cases through mediation cannot be separated from the ideals of the law which are based on the legal philosophy foundation, namely justice),and the legal principles of the process of case settlement which refers to written legal sources and unwritten legal sources. The purpose of this study is to find out and analyze the application of the settlement of cases outside the court of criminal cases in domestic violence in the Klaten Resort Police and to find out and analyze the obstacles in the resolution of cases outside the court of criminal cases in the domestic violence in the Klaten Resort Police. The application of the settlement of cases outside the court of law against cases of domestic violence in the Klaten Resort Police uses two approaches, namely the criminal approach and the mediation approach to penal. Obstacles in the resolution of cases outside the court of cases of domestic violence in the Klaten Resort Police include, among others, mediation of the law has not been specifically regulated, there are still differences in perceptions among the legal apparatus, and the victim or the victim's family does not want to be resolved peacefully, problems operational, failure to maintain the initial objectives, accountability of the perpetrators as well as the perception of the Indonesian people towards cases of domestic violence that domestic problems are husband and wife matters.

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