PERLINDUNGAN HUKUM PIDANA TERHADAP ISTRI KORBAN KEKERASAN DALAM RUMAH TANGGA

Soekandar, Judha Guruh Adityawarman (2006) PERLINDUNGAN HUKUM PIDANA TERHADAP ISTRI KORBAN KEKERASAN DALAM RUMAH TANGGA. S1 thesis, UAJY.

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Abstract

Marital Rape is one of violence in household. In one side family is a so personal region but in other side there is restriction because this victim of Marital Rape still close her self because it is an shame of family if problem of household is heard by outside, especially it relates to custom and habit problem that should closely store the problem of household. Then, it rises problem on how the effect of criminal law or victim’s wife of violence in household. Therefore, objective of this legal research was to know an effect of crimilnal law or victim’s wife of violence in household. This is literature research, it is legal research that being held by examine literature or secondary data. Data of research after being analyzed using qualitative descriptive method was obtained result that Wife as victim of violent crime in household did not often get protection of law and penalty of trial did not give equality for victim. By legalized Act on Violence within Household Number 23 in 2004 about Eliminating Violence within Household, woman as victim of violence in household, especially wife as victim of marital rape can tell her case safely to the Police. In Criminal Code (KUHP), regulation concern about violence on woman has been in fact existed, but it has not exist completely. Therefore, enact of law is still low. By legalized Act on Violence within household Number 23 in 2004 about Eliminating Violence within Household, according to researcher, criminal legal policy concerning marital rape is better regulated clearly in physical violence of Article 51, psychic violence of Article 52 and sexual violence of Article 53 and the sanction is regulated in Article 44 to Article 49 of Act Number 23 in 2004 on Eliminating Violence within Household. It was showed from reviewing, investigative, enact process to examining process in front of trial. Here, victim has special facility. Therefore, researcher suggested on sexual, physical, psychic crime happened in household that the criminal is husband on wife's claim to pre-court criminal process in which it does not base on claim case, but it. is an common case. And it should allow the criminal to change the loss experienced by victim either in material loss or immaterial loss. It is expected that legal officer can apply in each steps or policy related to service and management on violent case on woman to give protection of law for victim

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