LEGAL PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE BASED ON THE VALUE OF JUSTICE

Abstract

Law No. 23/2004 on the Eradication of Domestic Violence, hereinafter abbreviated as the PKDRT Law, is used as a legal umbrella in the prevention and resolution of cases of domestic violence. However, in fact, this legal breakthrough (PKDRT Law) still encounters many obstacles in its enforcement. There are many reasons and obstacles why domestic violence cases are not continued or resolved through legal channels, including because the victim does not want the case to be known to many people, the victim does not want to deal with the case for too long (complaint offense), the victim wants to get out of domestic violence as soon as possible, the victim is reluctant to deal with the police, and so on. Examining and proving domestic violence cases is also quite difficult because generally victims do not want to be witnesses and do not report the violence they experience. In Law Number 23 Year 2004 on the Elimination of Domestic Violence. Its determination as a crime with the threat of criminal law is strongly influenced by a situation where cases of domestic violence are increasingly strong and open to provoke strong public reactions. A perpetrator of physical violence in the household based on "the provisions of Article 44 paragraph (1) may be punished with imprisonment for a maximum of 5 (five) years or a maximum fine of Rp. 15,000,000.