Criminal act provision of psychic violence on wife in household scope

Psychological violence in household matters is violence that attacks the psychologicalvictim so that it can cause mild to severe psychiatric disorders. In the process ofproving it needed help from experts. This research is a sociological juridical studyand data analysis used in this study is qualitative data analysis. The results of thisstudy show that the process of proof of psychological violence within the scope of thehousehold must include the Visum et Repertum Psychiatricum made by the psychiatristand his examination team in order to assist the prosecutor to make theindictment and judge in making the fairest decision. The inhibiting factor in the process of proving psychological violence in the household is that no physical evidencecan be found in the victim, other witnesses who sometimes refuse to testifybecause they do not want to interfere in other people’s household affairs, there is along period of time between the incident and the post mortem examination, so theresults of the post mortem become less accurate, and the victim does not continue thelegal process. DOI: https://doi.org/10.26905/idjch.v11i3.4248. How to cite item: DH Pasha, S., Muhadar, M., & Haeranah, H. (2020). Criminal act provision of psychic violenceon wife in household scope. Jurnal Cakrawala Hukum , 11(3). 341-350. doi:10.26905/idjch.v11i3.4248.


Background
Psychic violence that occurs in the household is considered merely a "spice" in a marriage even considered normal so that outsiders do not deserve to mix it, even though it is from this psychological violence can develop into other violence. Psychic violence in the household is an act against the law in which the perpetrators should be subject to criminal sanctions (Arini, 2013). The state also holds that all violenceforms, especially domestic violence, are violations of human rights and crimes against human dignity as well as forms of discrimination (the Indonesia Constitution on 1945). Based on Article 5 of Law Number 23 Year 2004 concerning the Elimination of Domestic Violence, it is explained that everyone is prohibited from committing domestic violence against people within household scope means of physical, psychological, sexual violence, and neglect in household.
Judging from some physical violence is the most frequent violence in the household. From the evidentiary aspect, physical violence is easily proven through visum et repertum. Because physical violence is an invisibleeye type. That is, anyone cansee it because happentouch physical among the perpetrators with the victim. Example: slap, punch in, step onfeet, tackle, spit in, freak out, throw with goods, and others (Yanti, 2015). Likewise, sexual violence and neglect of household are relatively similar to physical forms of violence. However, it is different from psychological violence which attacks the victimpsychology, according to Article 7 of Law Number 23 Year 2004 concerning Domestic ViolenceElimination is an act that causes fear, loss of self-confidence, loss of ability to act, sense of inaction helpless, and / or severe psychological suffering on a person.
Provisions for criminal psychic violence in households are regulated in Article 45 of Law Number 23 Year 2004 concerning the Domestic ViolenceEliminationare: (1) Every person who commits a psychological violence act within household scope as referred in Article 5 letter b is convicted with a maximum imprisonment of 3 (three) years or a maximum fine of Rp 9,000,000.00 (nine million rupiah). (2) In the actscase as referred to in paragraph (1) committed by a husband against a wife or vice versa which does not cause illness or obstruction to carry out occupational positions or livelihood or daily activities, shall be sentenced to a maximum of 4 (four) months imprisonment or a maximum fine of Rp 3,000,000.00 (three million rupiah).
In line with psychological violence, the evidence is carried out in prosecutor the interests to determine the direction of the indictment while for the judge in order to decide the case as fairly as possible (Irawati, 2009 (1) concerning valid evidence in witness statements form, expert statement, letter, instruction, and defendantstatement. Material truth and justice become an objective within the criminal procedure framework so that law enforcement officials are required to act and carry out their duties as the principle realization of rule of law. One form of judges efforts in upholding and searching for and process of proving psychological violence in the household is that no physical evidence can be found in the victim, other witnesses who sometimes refuse to testify because they do not want to interfere in other people's household affairs, there is a long period of time between the incident and the post mortem examination, so the results of the post mortem become less accurate, and the victim does not continue the legal process.
| 343 | finding material truth in completing or deciding a criminal case is by being careful in using evidence in the process of evidence before a court hearing to make light of a criminal act (Waluyadi, 1999 One of theevidenceinstruments that investigators can use to uncover psychological violence acts is letter evidence. There are many types of documentary evidence, one of which is a written report made by experts in judicial medicine or commonly known as visum et repertum. In psychological violencecases, Visum et Repertumtype used is the Visum et Repertum Psychiatricum. However, in its development the victims of domestic violence find it difficult to bring the suffering they experience to law enforcement, because of the strong view that the husbands abusive to wives is part of private events (domestic affairs) as well as a lack of knowledge about psychological violence which is a criminal act that can was criminal convicted (Jamaa, 2014). So the authors are interested in knowing more about the process of proving criminal acts of psychological violence that occur within the householdscope.

Method
Data analysis used is qualitative data analysis in deductive and inductive inference processes form on the dynamics of the relationship between phenomena observed using scientific logic regarding the conduct of criminal acts of psychological violence against wives in the domestic sphere. This researchdata is sociologicalor social legal research, namely research in empirical studies regarding the law workingprocess in society (Suratman, et al, 2013). This research is a sociological juridical research, which is works directly in the field supported by laws and related books. This research type reveals the law that lives in society in everyday life (law in action) (Nazir, 2011).

Domestic Violance
Domestic violence specificity is compared to violenceforms against women, because of the relationship with regard to power (power relationship) between victims and perpetrators. Psychological burden experienced by women victims of domestic violence is very high because power relations always contain elements of trust and also elements of dependency to a certain degree (Muthiah, 2017). In addition to feeling power abuse by the powerowner, victims also generally experience fear, unwillingness, and also too timid to report it to the authorities. As a consequence, domestic violence can never be recorded properly, so the dark number of domestic crimes becomes high.
PatternDomestic Violence tend follow plotacy cleor circle violence over and overtowife (cycle of violence). Cycle violence that first is phase tension. Constitutes violence psychic as insult, scoff and so is phase tension as precondition before violence physical (phase persecution). This is based on the difference between two individuals who come from different families and triggers misunderstanding and commotion between couples (Lestari, 2016). Phase that second is phase persecution where on wife will have violence physical experience caused by her husband.

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Usually, after persecute wife then husband will feel sorry, donate, begging. Furthermore, wife will melted with fhather husband said. Phase that last lyis phase honey month. Where relationship among them back get along well. Lastly, that crucial because from Lots case that happen, after phase month honey end up, cycle violence tend repeated again.

Constitution Removal Violence in House
Stairs to show is shifting problem in house stairs, especially related with occurrence violence, that beginning seen as affairs personal among individual and the other in something clumps that named familybecomes affairs country. Psychic violence regulated in Article 7 of the Law on the Elimination of Domestic Violence Number 24 of 2004 states that: "Psychic violence is an act that results in fear, loss of self-confidence, loss of ability to act, a sense of helplessness and / or psychological suffering heavy on someone." This is different from what is regulated in Article 310 to Article 318 of Criminal Code, which only mentions intentionally attacking someone's honor, reputation or committing insults (insults can be categorized as psychological violence). Sounds Article 310 of the Criminal Code are (1) Anyone who intentionally attacks the honor or reputation of a person by accusing something, which means that it is clear so that it is known publicly, is threatened because of pollution with a maximum jail sentence of nine months or a maximum fine of four thousand and five hundred rupiah, (2) If this is done in writing or broadcast, displayed or posted in public, then threatened with written pollution with a maximum imprisonment of one year and four months or a maximum fine of four thousand five hundred rupiah. (3) It does not constitute pollution or written pollution, if the act is clearly done in the public interest or because it is forced to defend itself.

Lex Specialis Delik Outside the Criminal Code
The Criminal Code does not recognize the term domestic violence. This understanding is important to put forward considering the ideology of family harmony adopted by the community so far has not taken the issue seriously and is considered a private matter. While Article of Law In Article 335 of the Criminal Code, which can be categorized into physical and psychological violence. Sounds Article 335 of the Criminal Code as follows: (1) Threatened with a maximum imprisonment of one year or a maximum fine of four thousand five hundred rupiahs; (2) Anyone who unlawfully forces others to do, not do or allow something, by using violence, other acts or unpleasant treatment, or by using threats of violence, other acts or unpleasant treatment, both towards the person himself or someone else; (3) Anyone who forces others to do, not do or allow something with the threat of pollution or written pollution.

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As formulated in item 2, the crime is only prosecuted for the complaint of the person affected. The problem of pollution and unpleasant acts in the Criminal Code can be done physically (with violence) and psychologically (with threats of violence) for everyone. While actions that occur within the scope of the household, only aimed at certain people, namely his wife, children, and people who live in the house. According to Rosmiati Sain (2019) as Director of Legal Aid for Indonesian Woman in Makassar City that when a victim (woman) came to report to us that sheexperienced domestic violence in this case in the form of psychological violence, the first step we would take was to conduct an interview with the victim to find out how is the chronology of the case. After knowing the chronology, our party will connect or assist the victim to see a psychologist for counseling so that a psychologist's information can be made to support the evidence process if the victim wants to sue the perpetrator of violence (husband) in the District Court or to continue the divorce process in the Religious Court. But in cases of domestic violence that we usually handle, it ends in mediation or divorce. The following is data on domestic violence accompanied by Legal Aid for Indonesian Woman in Makassar from 2015-2018.

Process of Proving Criminal Acts of Psychic Violence in Household Scope
Meanwhile, Aibda Darwis (2019) as a representative of PPA (Women's and Children's Services) division that often handles domestic violence issues at the Makassar City Police Resort recognizes that the problem of psychological violence in households is quite difficult to prove. As we know if physical violence will have a scar on the body of the victim while in psychological violence, we cannot immediately see whether the victim is experiencing psychological violence or not. Therefore, in the process of proofing the victim will be asked to show information from a psychologist or psychiatrist as well as an additional witness who saw and heard the incident directly to make it more convincing to make it easier to continue the trial process. The following are data on domestic violence handled by Makassar City Police Resortfrom 2015-2018.
The cause of the lack of cases of psychological violence that entered the trial process in court, the authors conducted an interview with Doddy Hendrasakti (2019)  Regarding the evidentiary case in court, theLaw Number 23 Year 2004 concerning the Elimination of Domestic Violence stipulates as in Article 55, that as one of the valid evidences the testimony of a witness is sufficient to prove that the accused is guilty if accompanied by other valid evidences. This implies that the testimony of the victim witness plus one other evidence is sufficient to prove that the defendant is guilty and sufficient for the judge to sentence the defendant.
This article basically contradicts the principle of one witness not a witness (unus testis nullus testis) but a situation regarding the difficulty of proving domestic violence. However, referring to the provisions of Article 103 of the Criminal Code and Article 284 paragraph (2) Criminal Procedure Code and paying attention to the principle of lex specialis derogat legi generalis, it can be said that the principle is unus testis (one witness) do not contradictwith the doctrine of proof in proving criminal acts of domestic violence given the com-  According to Riri (2019) as the Functional Prosecutor in the Makassar District Attorney explained that the problem in gathering evidence has always been an obstacle in handling domestic violence cases. For example, to prove that physical violence has taken place, a post mortem must be included. In fact, often the results of the post mortem only show the last violence done to him. For example the victim's body only looks blister or bruised, even though she (the victim) was beaten three months in a row or was tortured for a long time (Adnansyah, 2015). So that previous wounds that were once victim naturally could have healed so they could not be included in the post mortem that was made. Incaseviolencepsychic, the only one way for prove that victim to experience violence is with he made information from psychologist or a psychiatrist whose validity has been guaranteed in accordance with Article 21of Law Number 23 Year 2004 concerning the Elimination of Domestic Violence which states health services to victims.
Visum et Repertum Psychiatricum is one type of post mortem used in the judicial process. Visum et Repertum Psychiatricum is a description of a specialist in psychiatric medicine in the form of a letter as the result of a mental health examination on a person in a health service facility for the purpose of law enforcement (Permenkes RI, 2015). The parties that can propose the making of Visum et Repertum Psychiatricum are as follows: Police, Prosecutors, Courts, and Victims who submit requests to make Visum et Repertum Psychiatricum will be assisted through lawyers who handle the case and then forward it to the investigator.
In examining the victim to prove that the victim had experienced violence which caused disturbance to his psychology, the team was formed by the head of the health facility through a decree from the head of the health service facility. This team consists of 1 (one) Dr. SpKJ (psychiatrist specialist) who is concurrently the team leader and Visum et Repertum Psychiatricum maker and is assisted by a minimum of 2 (two) other health workers including Dr. SpKJ (psychiatrist specialist) others, Dr. Sp (specialist doctors), general practitioners, Psychology Clinical, as well as nursing staff (nurses). Dr SpKJ (psychiatrist specialist) is tasked with conducting a comprehensive psychiatric examination, chairing meetings and summarizing the findings of examinations that have been carried out by other health workers and preparingVisum et Repertum Psychiatricum. Other health workers (Dr. SpKJ (psychiatrist specialist) others, Dr. Sp (specialist doctors), general practitioners, Clinical Psychology, and nursing staff) conduct examinations in accordance with their scientific fields, take notes and record the findings with other team members in drawing up the conclusion of the examination (Permenkes RI, 2015).
According to Joko Maharto (2019) as a Psychiatrist in Makassar Bhayangkara Hospital explained that inviolence examining victims process will be accompanied by family and investigators who are equipped with a request letter, police reports, and minutes of victims examination. The inspection method is through interviews, examinations, and observations. In certaincases sometimes it takes around 14 days forvictim observation. In observation process, the victim will be asked to be hospitalized in the hospital to see the progress and also carried out supporting examinations using MMPI (Minnesota Multiphasic Personality Inventory), CT (computed tomography) Scan, MRI (Magnetic Resonance Imaging), Neu-| 348 | ropsychological, and others according to victim needs. However, sometimes in interview meeting it can also be concluded that the victim did indeed experience a mental disorder caused by psychological violence so that it does not require further observation.
The mental examination results will be set forth in the Visum et Repertum Psychiatricum form which includes the history, psychiatric examination and observation results, physical examination results, supporting examinations, conclusions, and conclusions. This Visum et Repertum Psychiatricum is submitted to the requesting agency no later than 7 (seven) working days after the inspection has been completed.
In some cases related to victims who have had such severe trauma that they refuse to attend and explain the incident they experienced, forensic psychiatry can help the police to dig deeper into information about the case being handled. Related to the Visum et Repertum Psychiatricum function that serves as one of the evidence to prove the existence of psychic violence in the household, the author conducted an interview with Riri (2019) as the Functional Prosecutor at the Makassar District Attorney stated that the Visum et Repertum Psychiatricum is a letter made by a psychiatrist doctor who contains a person's psychological explanation as evidence that he has experienced psychological violence. Basically the role of a psychiatric visum et repertum as evidence in the process of proof at the prosecutor's level serves as a reference to determine the demands on how severe or light the article will be given to the defendant. But Visum et Repertum Psychiatricum is a proof that cannot stand alone because it must be supported by other evidence.
Based on psychiatric conditions, the authors conducted an interview with Istiana Tajuddin (2019) as a Psychologist and also a Lecturer at the Faculty of Psychology, Hasanuddin University, Makassar, explaining to prove that someone experiencing psychological violence we need the help of forensic psychology. The firstthat will be carried out to check the patient's condition is the depth interview to see the synchronization of data provided by the patient. Then check the significant other (partner) to match the iinformationsuitability from the significant other with the victim. In this checking process, the psychologist will measure thevictimdepressionlevelduring the marriage to find out how far the victim has psychological abuse because mental reactions are largely determined by how someone's perception of other people's actions on him. So, when the victim from childhood lives with families who are accustomed to using violence, the threshold for stress is higher than for people born into gentle and polite families. However, the question arises whether when shouted once included psychological violence? Generally, to measure the psychic violencelevel is to see the intensity and frequency of violence that occurs because sometimes yelled at certain problems it is natural because yelling in anger is a reflex action that is sometimes difficult to control. Another case when it turns out it is a habit and style in communicating with their partners. In handling the effects of psychological violence, victims who can be handled by psychologists are victims who can still contact reality or can communicate well and there are not too many physical symptoms caused by mental disorders such as mild depression, insomnia, insecurity, and others. However, when you have entered the severe depression category or commonly referred to as Schizophrenia should consult a Psychiatrist because mental disorders like this need special treatment with drugshelp to overcome the symptoms they are experiencing. It is also important that a sense of family togetherness is needed so that in the future all problems encountered can be resolved in accordance with each family memberexpectations (Manumpahi, 2016).

Conclusion
Household problems which were initially seen as private matters between one individual and other individuals are none other than the civil problems stipulated in the Marriage Law, but the rampant domestic violence has made the Government take part in overcoming the problem. Then there is the Lex Specialis offense of psychological violence which is regulated outside the Criminal Code which explains in more detail the consequences of an act and specifically addresses people in the household sphere. In the process of proving psychic violence in the scope of the household must include the Visum et Repertum Psychiatricum made by the psychiatrist and his examination team in order to help the prosecutor to make the indictment and judge in making the fairest decision.