IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA TERKAIT PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KDRT

Abstract

The purpose of this study examines the implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Related Legal Protection Against Wife As a victim of domestic violence. And examines the obstacles that arise in the protection of victims of domestic violence as a wife. Women are considered inferior to men, and he is a weak creature so easily suppressed. In addition, according to the author, violence is often left alone because of lack of understanding and awareness of the crime of domestic violence into a private family matter. This type of research used socio-juridical type of research, namely by reviewing the provisions of the applicable law and what happens in reality the community. The nature of this research is descriptive, namely: "A study that seeks to provide an overall picture, depth, about a situation or phenomenon under study. The results of the study that the application of criminal law to the crime of domestic violence in Case Number: 42/Pid.Sus/2013/PN.Ska criminal acts of violence committed in the domestic sphere in this case the husband against his wife. LEO KUNCORO PURNOMO SIDDI, Psi bin ST JOKO PURNOMO as, has been proven legally and convincingly guilty of the crime of "physical violence in the domestic sphere committed by husbands against wives that do not cause disease or obstruction in performing daily activities. Against the criminal defendant therefore, to imprisonment for 2 (two) months. Criminal mentioned above does not need to be undertaken in the future unless there is a decision that has obtained permanent legal force, before ending probation for four (4) months of the accused were found guilty of a criminal act. Constraints in the legal protection of victims of domestic violence as a wife that is 1) good law enforcement officers of police, prosecutors and judges have a diverse understanding of domestic violence. 2) law enforcement officials, especially the police and judge the difficulty of implementing the provisions of Act No. 23 of 2004 on the Elimination of Domestic Violence against legal protection for victims while and determination of protection. 3) The existence of marital status which is only held in church or customary and not recorded in a registry office or KUA. 4) The difficulty of proving violence on women as victims, where acts of violence committed by the people closest to the victim, such as husbands, parents, siblings or other nearby. Where it happened any other person makes it difficult to intervene. Key Words: Implementation, Elimination, Violence, Domestic, Protection, Wife, Victims