TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT) YANG DILAKUKAN OLEH SUAMI TERHADAP ISTRI (Studi Kasus Putusan Nomor : 2052/Pid.Sus/2018/Pn Mdn)

Abstract

Marriage is a sacred part of life, because it must pay attention to the norms and rules of life in society. However, the reality is that not all people have this principle, for various reasons that are quite reasonable and acceptable to society, marriage is often not respected for its sacredness. Marriage is a medium that will unite two people in a household. The household should be a place of refuge for all family members. However, in reality, many households have become a place of suffering and torture due to acts of violence.Based on this research, the results show that the application of criminal law in the judge's decision in case Number: 2052 / Pid.Sus / 2018 / PN.Mdn. In accordance with the legislation in this matter regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence and in imposing a criminal sentence the judge has given considerations in accordance with the facts revealed in the trial, both material criminal and formal criminal considerations. .The legal considerations of the panel of judges in imposing crimes against criminal acts of domestic violence committed by husbands against wives in the case of the Medan District Court Number: 2052 / Pid.Sus / 2018 / PN.Mdn. is in accordance with the provisions in Article 44 paragraph 1 of Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. And with valid evidence, namely witness testimony and statement of the defendant which are compatible with each other.