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PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA SECARA FISIK YANG DILAKUKAN OLEH SUAMI Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1611

Abstract

Domestic violence is a crime against human dignity and is a form of discrimination that must be eliminated. Domestic violence is not a domestic (private) problem that should not be known by anyone because women have the same rights to be free and determine their desires in life according to norms. One of the causes of domestic violence is economic problems. This study aims to determine the implementation of protection for wives as victims of domestic violence. This study is a normative legal study that uses secondary data. The results of this study indicate that protection for wives as victims of domestic violence refers to Law Number 23 of 2004 concerning the Elimination of Domestic Violence, namely through temporary security from the police and/or personal protection, placement of victims in "safe houses" and recovery periods, physical and mental care, and efforts to suppress perpetrators of domestic violence. However, regulations aimed at protecting victims of domestic violence have not been fully implemented by law enforcement officers.
ANALISIS HUKUM TERHADAP TINDAK PIDANA PEMBUNUHAN BERDASARKAN PASAL 338 KUHP (STUDI KASUS PUTUSAN NOMOR 9/PID.B/2023/PN.DPK) Johanes; Rineke Sara; Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1752

Abstract

The crime of murder is an act committed by a person or group of people who intentionally take or take the life of another person. Murder perpetrators are often found in adolescence. One form of juvenile delinquency is brawls, the impact of which can cause serious injuries to the point of taking the life of another person. The perpetrators of brawls that cause the loss of life of another person can be categorized as perpetrators of the crime of murder. This study discusses the application of the elements of the crime of murder based on Article 338 of the Criminal Code in the case of Decision Number 9/Pid.B/2023/PN.Dpk and whether the decision has provided a sense of justice. This study uses a normative juridical research method. The results of the study explain that the application of the elements of the crime of murder based on Article 338 of the Criminal Code in Decision Number 9/Pid.B/2023/PN.Dpk is appropriate because the actions committed by the Defendant Indra Beni Saputra alias Beni Bin Mulyadi contain the elements of whoever and the element of intentionally taking the life of another person. With the fulfillment of these elements, the Panel of Judges sentenced the Defendant to 9 (nine) years in prison. The decision handed down by the Panel of Judges has provided a sense of justice, this can be seen from the Panel of Judges' considerations where the Defendant committed assault using a sharp weapon which caused the victim's death, and is supported by evidence in the form of a sickle and evidence from the results of the Visum Et Repertum made by Citra Medika Depok Hospital which conducted an external examination.