PENEGAKAN HUKUM TERHADAP TINDAK PIDANA MELAKUKAN KEKERASAN FISIK DALAM LINGKUP RUMAH TANGGA

(Studi Kasus di Polres Klaten)

Abstract

The purpose of this study is to examine the investigation of criminal acts
of physical violence within the scope of the household carried out by the husband
against his wife and find out the obstacles.The background of the research is that
the Polres Klaten has handled cases of physical violence in the household which
were carried out by a husband against his wife. This case attracts attention
because in the case of physical violence in the household which is carried out by a
husband against his wife, in practice it creates a dilemmatic situation. On the one
hand, the case is an internal household problem, on the other hand, violence is a
case involving the public interest, so the police must take action in accordance
with the applicable legal provisions.The research method consists of the type of
research is normative juridical, the nature of the research is descriptive, the data
required is secondary data. The secondary data consists of primary legal materials,
namely Law no. 23 of 2004 concerning the Elimination of Domestic Violence,
Law no. 8 of 1981 concerning the Criminal Procedure Code, Law no. 02 of 2002
concerning the Indonesian National Police. In addition, it also uses secondary
legal materials such as Regulation of the Head of the Indonesian National Police
No. 14 of 2012 concerning Management of Criminal Investigations, Legal
Dictionary, Indonesian Language Dictionary, Books that are relevant to the
problem being studied and Resume of Cases of Physical Violence committed by a
husband against his wife.
The results of the study indicate that the investigation of cases of
physical violence carried out by a husband against his wife is actually a simple
case, where the evidence needed to uncover the case is the testimony of the
victim's witness who experienced it himself, the testimony of the witness who
heard the case himself, the suspect's statement and evidence. visum et repertum.
This is in accordance with the principle of minimal proof in criminal cases,
namely the existence of at least two valid pieces of evidence according to the law
and the belief that the suspect is guilty. The obstacle is that there are still many
women who do not understand the importance of legal techniques such as the
function of visum et repertum in cases of violence. It is still necessary to increase
the number of female investigators and their competence. Infrastructure still needs
to be improved for the mobility of handling cases of domestic violence.
Keywords: Investigation, Cases of Physical Violence Perpetrated by Husbands
against Wives, Polres Klaten.