EFEKTIVITAS PENEGAKAN SANKSI PIDANAUNDANG-UNDANG N0.23 TAHUN 2004TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGAUNTUK MELINDUNGIISTRI DARI KEKERASAN OLEH SUAMI

Sri Rahayu Lestari

Abstract

The purpose ofthis research were toknow theeffectiveness ofenforcing criminal sanction as a view toUUNo.23 tahun 2004 about TheAbolition of Violence inthe Householdto give protection to wives from violence done byhusbands, andanyobstacles thatappeared in the effortofenforcing itscriminalsanction.As
aresearch with genderperspective, this research usedsociologicalornon positivistic approach supported byqualitative analysis. The respondents were wives who hadeverexperienced andbeen a victim of vio lenceactdonebytheirhusbands. The data gathered from therespondents which werefrom certain differ entareas;Kelurahan Jebres, Kelurahan Pucangsawit, andKelurahan Mojosongo. Besides that, therewas also the data, which was purposively taken from police offiers (RPK) in Poltabes Surakarta, Kejaksaan
Negeri Surakarta, andPengadilan Negeri Surakarta. Moreover, theinstruments of theresearch were in depth interviewanddocumentary research. While data analysis done byapplying deductive andinductive (mixed) wayof thinking which was known as theoretical interpretative. The result of theresearch showed that theenforcing ofcriminal sanction toward UUNo. 23 tahun 2004wasnoteffective ingiving protection to wives. In the reality, although there were lots ofhusbands who did violence acts(physic and mental) totheir wives, in fact itwas difficult toapply thecriminal sanction tothem. In other words, anycriminal sanctions that were gotten couldnotgiveprotection towives. Anyobstacles which were inhibited theeffectiveness of enforcing criminal sanction were: a. thecomplexity  andtheimplication ofthelowprocess before itwentto thecourt, b. thepaternalistic culture as an effect of feudalism, c. lawagencies who were notsensitive enough togenderissues, d. theinexistence ofevidence instruments, in this case visum etrepertum, and e. the women's lack ofunderstanding towardUUPKDRT.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.