Reconstruction of Legal Protection Regulations against Victims of Crime of Household Violence Based on Justice Value

Abstract

The family is the first social environment known to humans. The family is a social institution that functions to improve all the abilities that exist in each individual. However, it is not uncommon for families to have cases of irregularities or illegal activities that cause misery or suffering and are carried out by members of one family against other family members such as molestation, rape, and even leading to murder. This situation is commonly referred to as Domestic Violence or more commonly abbreviated as domestic violence. The formulation of the problems in this dissertation research is: 1) Why is the regulation of legal protection for victims of criminal acts of domestic violence not fair? 2) What are the weaknesses of the current legal protection regulations for victims of criminal acts of domestic violence? 3) How is the reconstruction of legal protection regulations for victims of domestic violence crimes based on the value of justice? The research method uses a constructivist paradigm, with a sociological juridical approach. Methods of data collection by observation and interviews, with qualitative analysis data analysis method. The results of the study are 1) Regulation of legal protection for victims of criminal acts of domestic violence has not been fair, it is worth considering who has the most initiative among couples in the household to commit acts of violence, including the scale of differences in physical strength and ability between husband and wife and seriousness in using physical force. Most women are victims of violence perpetrated by people who are closely related to them. Domestic violence is generally perpetrated by men against women, generally violence by husbands against wives. 2) Weaknesses of legal protection regulations for victims of criminal acts of domestic violence at this time in terms of legal substance, law enforcers in carrying out law enforcement are only oriented to legal certainty, not legal justice. From the aspect of the legal structure, the synergy between the apparatus has not been optimal, the weakness in this case since the enactment of the PKDRT Law in 2004, there are still many cases of violence against women that occur in society and many are even unsolved. In terms of legal culture, the factors behind domestic violence can be identified due to gender and patriarchal factors. 3) Reconstruction of Law Number 23 of 2004 concerning the Elimination of Domestic Violence by changing and adding imprisonment and fines in Article 44, and the second reconstruction by adding the value of justice to Article 54.