Penjatuhan Pidana Kepada Pelaku Tindak Kekerasan Terhadap Istri Dalam Rumah Tangga Di Kota Soe (Studi Pada Putusan No. 39/Pid.Sus/2018/PN Soe).

Abstract

Domestic violence (DV) is an issue that affects many societies,

especially women, globally. This research aims to analyze the

imposition of penalties against perpetrators of violence against wives

within households in Soe City, focusing on the case study of Decision

No. 39/Pid.Sus/2018/PN Soe. This study employs a normative legal

approach through the analysis of legislation and a case study. The

main findings indicate that the imposition of penalties in the

mentioned decision does not fully reflect the expected justice.

Firstly, the issue of non-comprehensive judicial considerations stands

out. Judges tend to focus on individual defendant factors, such as the

presence of witnesses and criminal history, while aspects of social and

psychological impact on the victim receive inadequate attention.

Secondly, the inadequacy of imposed sentences is evident. Despite

being    grounded    in    relevant    legal    provisions,     the    one-year

imprisonment sentence for the defendant is deemed inappropriate

given the severity of the violence committed.

The injustice in imposing penalties can convey the impression that

DV is trivialized by the judicial system, eroding the dignity of

victims and undermining public trust in law enforcement. The

unaccounted social and psychological consequences in the verdict also

carry significant implications for victims and society. To address this,

it is recommended to provide training for judges on the social and

psychological impacts of DV, adopt a holistic approach in case

assessment, seek expert consultation, and consider a restorative

justice approach in enforcement. By taking these steps, it is hoped

that the judicial system can better reflect values of justice and

protection for DV victims.