EFEKTIVITAS PENEGAKAN SANKSI PIDANA UNDANG-UNDANG N0.23 TAHUN 2004TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA UNTUK MELINDUNGI ISTRI DARI KEKERASAN OLEH SUAMI
Abstract: The purpose of this
research were to know theeffectiveness ofenforcing criminal sanction as a view to
UUNo.23 tahun 2004 about TheAbolition of Violence in the Householdto give
protection to wives from violence done byhusbands, and anyobstacles that
appeared in the effort ofenforcing itscriminal sanction.As a research with
genderperspective, this research usedsociological ornon positivistic approach
supported byqualitative analysis. The respondents were wives who
hadeverexperienced andbeen a victim of vio lenceactdone bytheir husbands. The
data gathered from therespondents which werefrom certain differ ent areas;
Kelurahan Jebres, Kelurahan Pucangsawit, andKelurahan Mojosongo. Besides that,
therewas also the data, which was purposively taken from police offiers (RPK)
in Poltabes Surakarta, Kejaksaan Negeri Surakarta, andPengadilan Negeri
Surakarta. Moreover, theinstruments of the research were in depth interview
anddocumentary research. While data analysis done byapplying deductive
andinductive (mixed) wayof thinking which was known as theoretical
interpretative. The result of theresearch showed that theenforcing of criminal
sanction toward UU No. 23 tahun 2004 was noteffective ingiving protection to wives.
In the reality, although there were lots ofhusbands who did violence acts
(physic and mental) totheir wives, in fact itwas difficult toapply thecriminal sanction
to them. In other words, anycriminal sanctionsthat were gotten could
notgiveprotection towives. Any obstacles which were inhibited theeffectiveness
of enforcing criminal sanction were: a. thecomplexity andtheimplication of
thelowprocess before itwentto the court, b. the paternalistic culture as an
effect of feudalism, c. lawagencies who were notsensitive enough
togenderissues, d. theinexistence ofevidence instruments, in this case visum
etrepertum, and me. the women's lack ofunderstanding toward UU PKDRT.
Keywords: The effectiveness of
criminal sanction, protection to wives
Penulis: Sri Rahayu Lestari
Kode Jurnal: jphukumdd080096
