Pertimbangan Mahkamah Agung Menjatuhkan Pidana Terhadap Permohonan Peninjauan Kembali Terpidana Dalam Perkara Kekerasan Dalam Rumah Tangga Oleh Anggota Militer

Abstract

     This research aims is find out the in case of domestic violence by members of the military  with article 266 of the Criminal Procedure Code and Article 251 of Law Number 31 Year 1997. This is normative law research that is prescriptive and applied .The author is concerned with cases of domestic violence committed against prisoners Heri Susanto Hervina Hanna . On February 1, 2009 the convict strangle Hanna Hervina with both hands. Based upon the incident the accused undergoing trial to review to the Supreme Court . The results showed that the consideration of the Supreme Court dropped the criminal charges against Judicial Review convicted in domestic violence cases in accordance with Article.  The Supreme Court dropped the criminal to requests for Reconsideration convicted in a case of domestic violence in accordance with Article 266 of the Criminal Procedure Code jucto Article 251 of Law No. 31 of 1997, wherebySu the preme Court justify the applicant, the Supreme Court overturned the verdict of the requested reconsideration and ruled that such provisions apply criminal lighter

      Keywords: Reconsideration, Domestic Violence, Military Members