CD Skripsi
Penerapan Perlakuan Khusus Perempuan Dan Anak Terhadap Penanganan Perkara Kekerasan Dalam Rumah Tangga Oleh Kejaksaan (Studi Kasus Kejaksaan Tinggi Riau)
ABSTRACT
Domestic Violence is a classic problem in the world of law and gender.
Even though the legal umbrella to protect victims from domestic violence already
exists, namely Law Number 23 of 2004 concerning the Elimination of Domestic
Violence, this has not been enough to anticipate this violence, in this case the
need for attention and legal protection, both the government and law enforcement
agencies, as well as from the community so that it is expected that everyone who
hears, sees, or knows about the occurrence of domestic violence is obliged to take
preventive measures and provide assistance. Actually, what are the causes and
what kind of protection for women and children victims of domestic violence are
regulated in Indonesian positive law.
This type of research is sociological legal research conducted at the Riau
High Court. The data sources used are primary data and secondary data. Data
collection techniques were carried out by interviews and literature review. The
data were analyzed qualitatively which produced descriptive data and concluded
with a deductive thinking method.
The result of this study is that access to justice is provided through
formal and non-formal channels. Through formal channels, providing access that
fully prioritizes the interests of women and children, in this case the prosecutor's
office which plays a very important role. Meanwhile, through informal channels,
cases involving women and children, both as perpetrators and as victims, can be
resolved through customary mechanisms or deliberations. The scope of the
Prosecutor's Guideline Number 1 of 2021 Concerning Access to Justice for
Women and Children in handling this case is the handling of criminal cases
involving women and children who come into contact with the law at the stages of
investigation, investigation, pre-prosecution, prosecution, examination at trial
courts and implementation of court decisions that has obtained permanent legal
force. Then the obstacles faced by the Attorney General's Office in protecting
women and children victims of domestic violence, namely the facilities to support
the implementation of Law Number 23 of 2004 concerning the Elimination of
Domestic Violence are inadequate, such as special closed counseling rooms, so
that it will make it comfortable for victims to tell stories . The obstacles faced by
the police in dealing with cases of domestic violence are from victims or
reporters, who are not cooperative because sooner or later the investigation
depends on the victim and evidence that is lacking or not strong enough, the
problem of witnesses being difficult to present for questioned, the perpetrator who
was not present when summoned by investigators, and the address of the
perpetrator who was unknown.
Keywords: Domestic Violence - Attorney.
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