Tinjauan Yuridis Pertimbangan Hakim Dalam Memutus Tindak Pidana Kekerasan Fisik Terhadap Istri
Tanggal Upload: 30/05/2025
Penulis / NIM:
FARLAN PUTRA LIJALI / H1119028
Program Studi:
S1 Ilmu Hukum
Kata Kunci:
Judge's considerations, criminal acts of physical violenceagainst wives
Abstrak:
The aims of this research are (1) to determine the applicationof the law for criminal acts of physical violence against wives indecision Number 23/pid.Sus/2021/PN Gto. (2) To find out the judge'sconsiderations in deciding the crime of physical violence against thewife in decision Number 23/pid.Sus/2021/PN Gto. The type ofresearch carried out by researchers is normative juridical research byanalyzing legal materials, taking steps to interpret and construct legalmaterials in the form of decision No. 23/pid.Sus/2021/PN Gto.The results of this research show that: (1) The application of the lawto criminal acts of physical violence against wives in DecisionNumber 23/pid.Sus/2021/PN Gto. The sentence imposed on thedefendant by the panel of judges was imprisonment for one year,stipulating that the detention period that the defendant has served isdeducted in full from the sentence imposed, determines that thedefendant remains in detention, orders that the evidence be in the formof 1 (one) knife with a blade measuring 10 cm and a knife handle 11cm. confiscated to be damaged so that it can no longer be used and toimpose court costs on the defendant. (2) The judge's consideration indeciding the criminal act of physical violence against the wife indecision Number 23/pid.Sus/2021/PN Gto is correct. The judgeconcluded that the defendant was guilty based on Article 44 paragraph(1) of Republic of Indonesia Law no. 23 of 2004 concerning theElimination of Domestic Violence. Sociological Considerations Thejudge also considers the defendant's social background, such aseducation, employment, and life experience, to understand the factorsthat influence the defendant's behavior. This helps the judgeunderstand the social context and the defendant's decision making as aresult jealousy of his wife. As for Philosophical Considerations. Thejudge imposed prison sentences not only as punishment, but also as aneffort to rehabilitate the defendant to become a better person. In addition, the judge considers whether this sentence will providepositive benefits for the defendant and society as a whole, as well aswhether it will send a message that violent acts will not be tolerated.