PENJATUHAN PUTUSAN BEBAS PADA PELAKU TINDAK PIDANA KEKERASAN FISIK DALAM RUMAH TANGGA TERHADAP ISTRI (Studi Kasus Pada Putusan Pengadilan Negeri Pekanbaru Nomor: 451/Pid.Sus/2017/Pn.Pbr)
Authors
MITA ISTU SUSILO
Abstract
The purpose of this research is to examine the criminal application of the
perpetrators of domestic violence against the wife of the Pekanbaru state Court
Decree number: 451/Pid. Sus/2017/PN.Pbr. Reviewing the judgment of judges in
dropping Free decision on perpetrators of domestic violence against the wife on the
ruling of Pekanbaru District Court number: 451/Pid. Sus/2017/PN.Pbr.
The method of approach in writing is normative juridical. The specification
of this research uses analytical descriptive. The data source uses the Skunder data.
Data collection techniques using library studies. To analyze the data, researchers
use qualitative descriptive analysis methods.
Criminal application to the perpetrators of domestic violence against wives
in Pekanbaru District Court Decree number: 451/Pid. Sus/2017/PN. PBR, the
defendant ALENDRI Als ALEN Bin SARUJI is not legally proven and convincing
guilty Commit a criminal offence in the household, as regulated and threatened by
criminal in the alleged offence of article 44 paragraph (1) of LAW No. 23 year
2004 on the elimination of violence in the household and the second indictment of
article 44 paragraph (4) of LAW No. 23 Th. 2004 ON The elimination of domestic
violence, so that the Terdaka must be freed from both claims and restore the
defendant's rights in their abilities, positions, and dignity. Consideration of judges
in the breach of criminal acts of domestic violence against wives on the ruling of
Pekanbaru District Court number: 451/Pid. Sus/2017/PN. PBR based on evidence
of witness, proof of goods, letter of Visum et The investigation and the elements in
the provisions of article 44 paragraph (4) of law No. 23 of 2004 on the elimination
of violence in households. Based on the results of the test the evidence suggests
that the results of the Visum et investigation explain that on the examination is not
found signs of violence, in addition to the information submitted by the witnesses
in the trial no one sees In a direct quarrel between the defendant and the witnesses,
the witnesses only knew the incident from the victim's testimony.
Keywords: Criminal acts of physical violence in the household, the judgment of
judges.