TINJAUAN HUKUM PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA

Abstract

Domestic violence remains a serious issue in Indonesia despite the enactment of Law Number 23 of 2004 on the Elimination of Domestic Violence. This normative legal research examines the legal protection for victims of domestic violence, with a focus on physical violence committed by husbands against wives under the Domestic Violence Elimination Law and an analysis of Supreme Court Decision Number 6093 K/Pid.Sus/2024. The study employs statutory, conceptual, and case approaches, utilizing primary legal materials including the Domestic Violence Law, the Criminal Code, and Human Rights Law, as well as secondary sources and court decisions. The findings reveal that while the Domestic Violence Law provides a comprehensive legal framework for victim protection, its implementation in judicial practice faces challenges such as inconsistent judicial considerations in evidentiary assessment and sentencing, as well as the imposition of lenient sentences that fail to create a deterrent effect. The research concludes that optimizing victim protection requires strengthening law enforcement capacity, ensuring consistent sentencing by judges, and enhancing access to psychological and social support services for victims. A balanced approach between punishment and restorative justice is essential to achieve substantive justice for victims of domestic violence.