JURIDICAL ANALYSIS OF THE RIGHTS AND PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE (Court Decision Case Study Number: 310/PDI.SUS/2022/PN.Mojokerto)

FARHAN OKY SETYAWAN
NIM 202374201016

Abstract

In society, there are many cases of domestic violence. There are many motives that cause this violence, for example due to jealousy, economic factors, infidelity, unemployed husband, social culture, disobedient wife and so on, domestic violence often occurs because of misunderstandings between husband and wife. The objectives of this research include: To describe the judge's considerations in deciding cases regarding domestic violence number 310/Pdi.Sus/2022/PN.-Mojokerto and to describe the effectiveness of court decisions in cases of domestic violence committed by husbands against wives according to court decisions number 310/Pdi.Sus/2022/PN.Mojokerto.
The research results obtained are as follows: Judges' Considerations in Deciding Cases Concerning Domestic Violence Number 310/PDI.SUS/2022/PN.-Mojokerto consisting of Witnesses (victims) of domestic violence submitting claims to the court, Statement of the defendant in committing domestic violence in court Consideration of the Panel of Judges in domestic violence cases. then The effectiveness of court decisions in cases of domestic violence committed by husbands against wives in accordance with court decision number 310/Pdi.Sus-/2022/Pn.Mojokerto, including: Implementing Policies in Accordance with Legal Rules, Synergizing with legal officials, Providing Legal Facilities, Providing Awareness About the Law to the Community.
The conclusions of this research are The Panel of Judges' consideration of the report of the defendant's domestic violence which was carried out in accordance with article 5 letter a was proven legally and convincingly according to the law, then the results of the investigation into the bruises and pain experienced by the witness (victim) were based on the letter Visum Et Repertum Regional General Hospital Number 353/3094/416-207/2022 with the conclusion that bruises were found on both upper arms, upper thighs and lower thighs after the patient received treatment. The patient was sent home. In this case the defendant has been subject to lawful arrest and detention. The effectiveness of court decisions in cases of domestic violence committed by husbands against wives in accordance with court decision number 310/Pdi.Sus/2022/Pn.Mojokerto. There are several related factors that determine the law enforcement process, namely legal substance, legal culture and legal structure.