Penal Mediation Policy According to Indonesian Criminal Laws to the Protection of Criminal Victims Domestic Violence

Abstract

Domestic violence is a form of violation of human rights and crimes against humanity, it is also an act of discrimination. This is also regulated in the 1945 Constitution Article 28 G paragraph (1) and Article 28 H paragraph (2) of the 1945 Constitution. In the principle of equality the most fundamental thing of human rights is to place people born free and have equality in human rights, while the principle of violation of discrimination is an important part of the principle of equality. This study examines the problem. There are several obstacles that make it difficult to eradicate domestic violence in Indonesia including the rigidity of law enforcement in enforcing regulations and most are still guided by the Criminal Code even though there are regulations governing domestic violence. And there are some weaknesses in the Criminal Code in handling domestic violence. A. BackgroundConsideration of Law No. 23 of 2004 concerning the Elimination of Domestic Violence (hereinafter referred to as the PKDRT Law) points a, b and c explain that every citizen has the right to get a sense of security from all forms of violence 1 especially against women 2 , in reality many cases of 1 246 explains that violence against women in the household can occur in various forms as summarized below, namely: 1) Direct physical violence in the form of beatings, burning to vaginal destruction (sexual violence) and indirect physical violence which usually involves hitting the table, slamming doors, breaking plates, cups, places of flowers and others, and being abusive.2) Psychological violence, in the form of harsh words, dirty, and which connotes disparaging and insulting, silence, terrorizing both directly or using certain media, cheating, and leaving leave without clarity for a long time and without responsibility.3) Economic violence, in the form of not providing a living during marriage or limiting the living arbitrarily, allowing or even forcing a wife to work hard, also does not provide a living after a divorce even though the court decides. 4. The combination of various violence as mentioned above both physical, psychological, and economic.