CD Skripsi
Tinjauan Yuridis Terhadap Tindak Pidana Kekerasan Dalam Rumah Tangga Yang Dilakukan Oleh Asisten Rumah Tangga Terhadap Majikan ( Studi Kasus Putusan No.386/Pid/Kdrt/2013/Pn.Jkt.Sel )
ABSTRACT
Karolina Renyaan works as a nurse to care for Nazarina, namely the parents of Novita
Purnama Sari, has committed physical violence against Nazarina. From the results of post mortem
et repertum No.M 08560/b21030/2012-S8 dated December 22, obtained the result that the victim
suffered from injuries to the chin, the area around the mouth and behind the ears because of a blunt
object. Article 5 letter a of Law Number 23 Year 2004 concerning the Elimination of Domestic
Violence is violence, which is that everyone is prohibited from committing domestic violence
against people within the scope of their household, by means of physical violence, psychological
violence, sexual violence, or child neglect. Article 44 Paragraph 1 of Law Number 23 Year 2004
concerning the Elimination of Domestic Violence states that every person who commits an act of
physical violence within the scope of the household as referred to in Article 5 letter a shall be
sentenced to imprisonment of 5 at the longest. year or a maximum fine of Rp 15,000,000.00. The
scope of the household is regulated in Article 2 Paragraph 1 of Law Number 23 of 2004 concerning
the Elimination of Domestic Violence, mentions that which is included in the scope of the
household besides husband, wife and children as well as people who have family relations as well.
It is stated that people who work to help the household and live in the household are included in
the scope of the household. However, what was stated in Decision Number
386/PID/KDRT/2013/PN.JKT.SEL judges in fact argued that the perpetrator had legally and
convincingly violated Article 351 Paragraph 1 of the Criminal Code concerning Torture by
imprisonment for 7 months.
This type of research is normative juridical legal research, namely research conducted with
literature review or literature study in search of data. This research is descriptive in nature which
provides data that is as accurate and detailed as the existing problems. This research uses secondary
data or codified scientific data.
The results of this study explain the application of Article 351 paragraph 1 of the Criminal
Code in this case is not correct, as stipulated in the provisions of Article 63 of the Criminal Code,
that if an act falls under more than one criminal rule, only one of the rules is imposed. that
regulation, if different, is imposed which contains the heaviest principal penalty. If a criminal act
is included in a general criminal rule, it is also regulated in a special criminal rule, then the specific
one is applied. In accordance with the principle of lex specialist derogate lex generalis, specific
rules eliminate general rules, so it is more appropriate to apply the provisions of Article 44
paragraph 1 of Law of the Republic of Indonesia No.23 of 2004 concerning PKDRT.
Keywords. Juridical Review - Domestic Violence - Judgment
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