TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (DITINJAU DARI PUTUSAN NOMOR 339/PID.SUS/2018/ PN BTM)

Abstract

This study aims to ensure the application of criminal law related to criminal acts of domestic violence committed by husband and wife in the case of decision No. (339 / PID.SUS / 2018 / PN BTM). And to see the legal considerations of judges in imposing criminal sentences against criminal acts of domestic violence committed by husband and wife in decision No. 339 / PID.SUS / 2018 / PN BTM. The research used to answer the two things above is the decision literature and the author takes the data obtained from court decisions in the form of the results of the decision No. (339 / PID.SUS / 2018 / PN BTM). The results of this study indicate that the application of criminal law to the criminal offense of the judge's decision in case No.339 / PID.SUS / 2018 / PN BTM. In accordance with the law in this matter regulated in article 44 paragraph (1) of Law Number 23 of 2004 concerning the elimination of domestic violence in imposing a criminal sentence the judge has given considerations in accordance with the facts and it was revealed in the trial both from the considerations considerations in terms of material crimes as well as from formal crimes.