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All Journal PROGRESIF: Jurnal Hukum PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM
Salim, Kartika Agus
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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KETERANGAN AHLI VISUM ET REPERTUM DALAM PEMBUKTIAN PERKARA KEKERASAN DALAM RUMAH TANGGA Salim, Kartika Agus
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 1 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i1.1302

Abstract

Based on Article 183 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), it can be concluded that before a judge imposes a crime on a suspect/defendant, the judge needs two pieces of evidence. This evidence serves to strengthen the judge's confidence in the criminal act committed by the suspect/defendant. However, at the conference stage at the Sintang District Court Session, the expert witness who was requested was not present and at the conference the one who read the statement was the Public Prosecutor, so according to the researcher the expert witness was absent but the conference continued and in the end the expert witness' statement was confirmed even though he was not present in person. offline but online. Therefore, the author was interested in conducting a study entitled "Expert's Statement on Visum Et Repertum in Proving Domestic Violence Cases (Case Study of Decision Number 16/Pid. Sus/2023/PN. Stg.   The power of the Visum et Repertum as documentary evidence in revealing a criminal offense that has been imposed. Visum et Repertum is evidence that cannot be used without being supported by other evidence, so Visum et Repertum cannot be said to be evidence that stands alone.  Violence against women, and applied to national laws and regulations, Law Number 23 of 2004 concerning the Elimination of Domestic Violence. These laws and regulations regulate clearly and in detail the forms of violence, criminal sanctions received by perpetrators, the rights of victims of domestic violence and regulate protection for victims of domestic violence, both temporarily and by issuing protection orders from the court.  From the judge's considerations above, the defendant's actions fulfilled the elements contained in article 44 paragraph (1) of Law number 23 of 2004 concerning Domestic Violence.  So the defendant was found guilty of committing the crime of domestic violence. During the trial examination, no justification or excuse was found so that the defendant could be held responsible and could be accused of violating the provisions of the criminal charge.
Korban Kekerasan Rumah Tangga: Adat Dayak Uud Danum dan Hukum Nasional Salim, Kartika Agus
PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v17i1.3615

Abstract

Law Number 23 of 2004 concerning the Elimination of Domestic Violence and the 2001 Uud Danum Dayak Customary Law Book have provided protection for wives who are victims of domestic violence by their husbands. The protection provided by Law Number 23 of 2004 concerning the Elimination of Domestic Violence is provided from the time the victim makes a police report, when he is questioned and arrives at a court decision. Legal protection provided by Tomakung to wives who are victims of violence (hotuhui) by husbands by paying fines and implementing siro sahkik to restore conditions damaged by violence (hotuhui) between husband and wife. Factors that cause domestic violence by husbands are caused by internal and external factors. Internal factors are caused by wives who cheat, wasteful with money, lazy to cook. Internal factors in husbands are due to being lazy to work, not having a job, having an affair, gambling and being an alcoholic drink addict. The government should provide jobs for all levels of education that are evenly distributed from villages to cities. The government should, in helping the poor, not provide social assistance in the form of direct cash assistance because a small nominal amount of money is only enough to buy alcohol and play gambling. The increase in domestic violence is not solely the fault of the citizens but due to a lack of community awareness raising by the central and regional governments that is right on target because today the Government is building more infrastructure than building the mental and spiritual Indonesian people themselves.
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