Law and Justice Vol.
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php/laj/article/view/3376 Violence Against Women in The Household from The Perspective of Victimology Mulyadi Alrianto Tajuddin Faculty of Law.
Universitas Musamus mulyadi@unmus.
Gusti Ayu Utami Faculty of Law.
Universitas Musamus gustiayu@unmus.
DOI: 10.
23917/laj.
Submission Track:
Received:
02 December 2023 Final Revision:
29 July 2024 Available Online:
28 May 2024 Corresponding Author:
Mulyadi Alrianto Tajuddin mulyadi@unmus.
ABSTRACT
Domestic violence against women is an extraordinary crime against The number of victims of violence is women, who are always an outlet for perpetrators to commit crimes.
Moreover, the fact that often occurs in reporting cases of domestic violence is that the types of violence that often occur are physical and household neglect, with economic causes and infidelity being the most significant causes.
addition, every year, violence against women in the household occurs The research method used in this research is empirical juridical, namely, judiciously reviewing the laws, regulations, and prohibitions regarding domestic violence.
Empirically, seeing the reality that is around is not by the law on the Elimination of Domestic Violence.
In addition, literature studies were conducted using books and journals.
The result of the research is that the role of the victim in the occurrence of the Crime of Violence against Women in the Household often occurs by looking at the circumstances or situations of the victim who consciously or unconsciously has done something that provoked the perpetrator to commit a crime.
In addition, the case occurs not because of the perpetrator alone but because the victim also took part in being the cause, but not entirely because it returns to the perpetrator how the perpetrator holds his anger not to commit violence against his partner.
Therefore, it was the role of the victim through verbal violence or prior debate that led to the violent case that happened to him so that the victim does not realize that what he did was the trigger for the case of domestic Keywords: Women.
Domestic Violence.
Victim.
Mulyadi Alrianto Tajuddin & Gusti Ayu Utami
INTRODUCTION
Violence against women has recently become a hot issue discussed by many people.
It is believed that many cases are not revealed and even buried deep, becoming individual secrets.
The problem of violence against women is not an individual problem but a global problem.
Concern for victims of violence is increasing because many cases are not resolved entirely.
the other hand, victims experience prolonged trauma (Widyastuti, 2.
When examined, cases of violence against women have the dynamics and shape of an iceberg.
The problems on the surface are only a tiny part compared to those buried inside.
This happens because such matters are considered taboo.
In addition, the challenges in resolving cases of violence against women are not covered by the law.
Cases of domestic violence (KDRT) that occur in Indonesian society are very concerning.
Nofarina in a Scientific Journal entitled Domestic Violence Seen from the Aspects of Victimology and Criminal Law.
This is often found and can be seen in the community around the neighbourhood or what we can read in the print media or electronic media.
not infrequently, the victims of such violence are wives/women.
It raises the assumption that women are weak Injustice against women can mainly be seen from the existence of domestic violence, but even though there are many cases of domestic violence, the numbers in the field cannot show everything, or it cannot be known whether there is an increase in every year about acts of domestic violence (Nofarina, 2.
The phenomenon of domestic violence is currently quite frequent, with various causes and reasons for this crime being committed, but household life, which should be based on love, is destroyed by violence.
Violence committed in this household does not only make women it is not uncommon to find cases of violence against husbands and children, but what is often found in cases is violence committed from the male side .
to women who are his wife, in the form of mild violence or severe violence.
The government has made various preventive and repressive efforts to reduce the number of sexual violence cases in Indonesia, but the number of sexual violence, especially domestic violence cases, continues to experience a significant increase during the COVID-19 pandemic.
Since the government declared COVID-19 a national disaster through Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disaster of the Spread of Corona Virus Disease 2019 (Presidential Decree No.
12/2020, n.
), people are encouraged to carry out work, school, and other activities from home (Tantimin, 2.
Law and Justice Vol.
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php/laj/article/view/3376 Cases of domestic violence in Indonesia, especially in the South Papua Province of Merauke City, phenomenon almost every year experiences a relative number of cases.
the latest (Data from the Merauke Subregional Police, 2.
recorded that domestic violence cases in 2020 11 cases in 2021 rose to 20 cases, and in 2022, 9 cases.
By looking at this data, it can be said that cases of domestic violence are still rampant, with the number of cases rising and falling Data on cases of domestic violence obtained at the Merauke Subregional Police are mostly violence that occurs to women, and some of them are considered that there are initial factors in the form of arguments caused by the victims themselves.
The causes of domestic violence, many cases including physical violence, psychological violence, sexual violence, and domestic neglect, occur because they are caused by the victim as a trigger for the case data obtained from the Subregional Police Merauke Indonesia shows that the cause of cases of domestic violence which over the past three years has increased is mainly from the victim as a trigger, for example when the husband just came home from work tired and was immediately attacked by various questions that seemed like accusing the wife, sometimes the husband became angry and committed acts of violence.
In addition, infidelity from the wife can also be a cause of domestic violence.
In the case of crime, including domestic violence, if the study of victims is more specialized, it is called victimology.
Victimology comes from the Latin word victim which means victim and logos which means science.
In terminology, victimology means a study of victims, the causes of victims and the consequences of victims who are human problems as a social reality (Mansur.
A & Gultom, 2.
Victimology is the study of victims, including the relationship between victims and perpetrators.
Victimology also discusses the role of victims, their position in society, and society's response to victims of crime.
Based on the above problems, crimes such as domestic violence are not only purely the actions of the perpetrator, but there are also motivating factors from the victim that make the perpetrator angry and upset so that he commits acts of violence.
The author is interested in studying the above title, which formulates two problems, namely: Firstly, what is the role of the victim in the occurrence of criminal acts of violence against women in the household in terms of victimology? Secondly, what are the legal protection efforts in overcoming criminal acts of violence against women in the household in terms of victimology? Mulyadi Alrianto Tajuddin & Gusti Ayu Utami
RESEARCH METHOD
This research is a type of empirical juridical legal research.
They were juridically examining laws, rules, and prohibitions regarding domestic violence.
Empirically, seeing the reality around us is not by the law on the Elimination of Domestic Violence.
In addition, literature studies were conducted using literature, including books and journals.
The secondary data is then correlated with the primary data.
The type of approach used in this paper is a statutory approach (Statute Approac.
and a case approach (Case Approach so that it can be known the role of the victim in the occurrence of domestic violence against women in terms of RESULTS & DISCUSSION The Victim's Role in the Occurrence of Crimes of Domestic Violence Given Victimology Acts of domestic violence, whether they occur against wives, husbands, or children, are prohibited in both legal and religious provisions.
It can be seen that domestic violence is a dangerous enough thing that it is regulated in every rule of law and religion, which, if interpreted, implicitly and/or explicitly prohibit the community or people from committing domestic violence.
It can be seen that domestic violence is dangerous enough that it is regulated in every rule of law and religion, which, if interpreted, implies and/or expressly prohibits the community or people from committing domestic violence.
Domestic violence that occurs solely is not only due to the fault or actions of the perpetrator in this case.
there is a mistake from the victim, namely the wife, whether intentional or unintentional because both have a relationship in the occurrence of domestic violence criminal offences.
Domestic violence is considered a global problem that involves serious health aspects.
The UN defines domestic violence, especially against women, as any act or conduct of genderbased violence that results, or is likely to result, in physical, psychological, mental and harmful suffering to women including threats such as coercion, arbitrary deprivation of rights (Ayu Setyaningrum, 2.
Domestic violence is an extraordinary crime against humanity.
Therefore, the Indonesian government opposes this crime because it is not by the 1945 Constitution.
The Domestic Violence Law was established to protect family members from Law and Justice Vol.
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php/laj/article/view/3376 forms of violence.
This is based on the understanding that domestic violence is a form of attack on the honour, independence, and life safety of the victim.
(H.
Arief, 2.
According to Romli Atmasasmita, when violence is associated with crime, it is often a complement to the crime It has formed its characteristics in the repertoire of crime studies.
The more symptomatic and widespread the frequency of crimes followed by violence in society, the thicker the public's belief in the importance and seriousness of this kind of crime(Atmasasmita, 2.
The conception of violence as a crime in the context of domestic life, as conceptualized in Law No.
23/2004 on the Elimination of Domestic Violence, is as follows: "Domestic violence is any act against a person, especially a woman, which results in physical, sexual, psychological, and/or domestic neglect, including threats to commit acts, coercion, or unlawful deprivation of liberty within the scope of the household.
(Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga, 2.
Furthermore.
Rena Yulia argues that the role of victims in causing a criminal offence or crime is: (Yulia, 2.
The victim intended the commission of the offence to occur.
The victim may use the benefits of the criminal offence to obtain more significant The adverse effect on the victim may result from cooperation between the offender and the victim.
The harm caused by the offence would not have occurred if there had been no provocation from the victim.
According to Arif Gosita, the role of victims in influencing the occurrence of crime can be in the form of active or passive participation, conscious or unconscious, direct or indirect.
all depends on the situation and circumstances during the crime.
The role of the victim must be associated with a series of roles that are interrelated, interdependent, and complementary .
utual influenc.
Perpetrators can commit crimes against victims by taking into account the situation and conditions of the victim.
The victim does not take action, does not want or does not want to be a victim, but depends on the circumstances that exist in him that stimulate him, inciting others to commit crimes(Gosita, 2.
In the science that studies victims .
, in general, if we want to understand the problem of crime, we must first understand the role of the victim that affects the occurrence of Victims, who are passive or active participants in a crime, play various roles in influencing the crime.
The role of the victim of crime is related to what the victim does when something is done where it is done.
The role of the victim has consequences and influences for the victim and his/her party, other parties, and the environment.
There is a functional Mulyadi Alrianto Tajuddin & Gusti Ayu Utami relationship between the victim and the perpetrator.
Even in certain crimes, the victim is said to be responsible.
Victims who are known to be mentally, physically, and socially weak .
conomically, politically, and juridicall.
and who cannot or do not dare to fight back as adequate retaliation are often used as they wish by perpetrators who feel they are more robust and more powerful.
People are naturally prone to making mistakes, so rules that can minimize the possibility of making mistakes again are needed.
These rules are necessary because humans always meet and interact with other people daily.
Crime is a fact of life that requires special treatment.
This is because crime, in general, will cause unrest in people's lives.
Therefore, various efforts continue to be made to overcome these crimes, although, in reality, it is ultimately challenging to eradicate crime because crime always develops substantially along with the development of society (Wiguno, 2.
In the occurrence of Domestic Violence, it is not solely the intention of the perpetrator, but several things underlie the criminal act.
Domestic violence (KDRT) can occur to anyone within the scope of the household, but in writing this research, the author looks more at and discusses violence that occurs to women.
Domestic violence cases that occur to women are not new in today's society with various causes, one of which is infidelity, which is a frequent cause in the family life of each However, apart from these causes, other causes come from the victim herself, who provokes or ignites the anger of her partner, in this case, her husband .
, so that the perpetrator becomes angry and commits acts of violence against the victim, who is his wife.
According to data on domestic violence cases related to women and children in the Women and Children Protection Unit (PPA) at the Merauke Resort Police Office, most of the reported domestic violence cases were caused by infidelity that occurred by both husband and wife, then due to economic factors where the needs of the victim .
were not met and could not accept the situation.
Therefore, many arguments occur because of the things mentioned There are also often cases of domestic violence caused by women who talk to provoke emotions until a domestic violence case occurs.
In addition, there was a case where the perpetrator committed a domestic violence case against his wife because she had an affair with the family of her husband, who was the perpetrator or suspect of the domestic violence case that befell her.
However, the case was processed further because the physical violence experienced by the victim was so severe that Law and Justice Vol.
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php/laj/article/view/3376 she had to receive further treatment at one of the Merauke City Hospitals.
Domestic violence cases reported at the Subregional Police Merauke, which the PPA Unit handles, are somewhat at the beginning of the year, there is a decrease, but at the end of the year, there is an In 2020, there were 11 cases, all of which were the actions of the perpetrator.
then in 2021, there were 20 cases, all of which were also the actions of the perpetrator.
and in 2022, there were 9 cases, 3 of which were triggered by the victim, as follows:
The first case was the victim who refused to give her cell phone when the perpetrator asked for it.
The second case involved the victim choosing the wrong time to talk about the car ticket when the perpetrator had just returned from work.
The third case was when the victim was staying at a friend's house, and then the perpetrator came to invite her home, but the victim refused.
One of them is a case of domestic violence with Police Report Number LP/14/I/2020/Papua/Res Mrke, a case that occurred on January 7, 2020, by the reported initials FT with the victim/complainant initials AP, a brief chronology submitted by the complainant was when she and her child were lying down suddenly the perpetrator entered and took the victim's cellphone, asked to open the code.
However, there was a small argument before the victim opened the cellphone code, and the perpetrator found a chat on WhatsApp and then checked the contact and found the name of the victim's ex-boyfriend, so there were several arguments that led to acts of domestic violence.
However, most of the domestic violence cases that were reported and processed at Merauke District Police chose to settle the matter through mediation and withdraw the charges so that they did not proceed to the court stage.
Tabel.
Data on types of violence in domestic violence cases Year Type of Violence Total Physical Psychic Sexual Neglect Physical Psychic Sexual Neglect Physical Psychic Desc against the Mulyadi Alrianto Tajuddin & Gusti Ayu Utami Sexual Neglect Source: (Data from Merauke Criminal Investigation Unit 2023, 2.
The results of the Police Report from 2020-2022 reveal several types of violence experienced by women in the household, including in 2020 a number of physical violence, 8 cases of sexual violence, one case, and two domestic neglect cases.
Then, in 2021, the number of physical violence was 14 cases, and psychological violence was six cases.
Furthermore, in 2022, the number of physical violence was 8 cases, and domestic neglect was one case.
Moreover, in 2022, there were 9 cases, with 3 cases caused by the victim.
according to the results of interviews and information searches, the three cases were all part of the eight types of physical violence in domestic violence committed by the perpetrator due to pressure or encouragement from the victim, namely his wife.
In addition to data at the Merauke Subregional Police, data available at the Merauke Regency Office of Women's Empowerment.
Child Protection.
Population Control and Family Planning related to domestic violence cases recorded the number of reported domestic violence cases as written in the following table:
No.
Tabel.
Data on domestic violence cases at P2TP2A Year Number of cases Desc.
Source: (Domestic Violence at the Integrated Service Center for the Empowerment of Women and Children.
Office of WomenAos Empowerment.
Child Protection.
Population Control and Family Planning of Merauke Regency 2023, 2.
The table states that in the Office of Women's Empowerment.
Child Protection.
Population Control, and Family Planning, there were 57 domestic violence cases in 2020, 56 cases in 2021, and 50 cases in 2022.
Data on the causes of these domestic violence cases or the chronology of all cases per year, but several causes are often found in the domestic violence case reports received.
Some facts that often occur in reporting domestic violence cases are that the types of violence that often occur are physical and domestic neglect, with economic causes and infidelity being the most significant causes.
Furthermore, there is also often a factor from the victim.
factor is known because, at the time of reporting, the Women's and Children's Empowerment Office of the Office of Women's Empowerment.
Child Protection.
Population Control, and Law and Justice Vol.
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php/laj/article/view/3376 Family Planning calls the perpetrator and victim and hears stories from both parties so that the responsible office can find out that the cause is not only from the perpetrator himself.
In the data listed above, there is a difference between the number of cases at at the Merauke Subregional Police and the number of cases at the Women's and Children's Empowerment Office of Merauke Women's Empowerment.
Child Protection.
Population Control and Family Planning, this is due to the perspective of people who are afraid because they think that if they report a domestic violence case to the police, it will be processed immediately and their husband will be imprisoned, and many of the wives assume that if their husbands are imprisoned there will be no one to provide for family life and also the Women's and Children's Empowerment Office of the Office of Women's Empowerment.
Child Protection.
Population Control and Family Planning is quick to respond in handling reported cases of domestic violence, in other words directly helping to solve the problem at that time so that the Women's and Children's Empowerment Office of the Office of Women's Empowerment.
Child Protection.
Population Control and Family Planning gets more case reports than at the Merauke Subregional Police.
Thus, in cases like this, if violence has occurred, then one party must give in, and the woman as a wife must cool the atmosphere so that the husband is not provoked to continue the debate when it comes to violence.
The causes that often occur are divided into two, namely mild and severe causes.
causes are misunderstandings, mistakes, and economic factors, and severe causes are physical abuse, threats, and discrimination.
The most significant cause of domestic violence is infidelity, which occurs with mutual revenge.
The wife finds out that her husband is having an affair and then retaliates against her husband's behaviour by also having an affair with another man.
Other contributing factors include inadequate economic management and lack of planning in In addition to these causes, other causes come from the victim, such as the wife who likes to compare her husband with other men and the wife who likes to discriminate against her Furthermore, most of the behaviour of women, in this case, wives, who lack trust in their husbands and often feel suspicious of what their husbands do.
In the process of victimization experienced by victims of domestic violence that occurred in Merauke City.
Papua Indonesia, the victim plays an active role.
the active role of the victim can be seen from the circumstances or situation of the victim who consciously or unconsciously has done something that stimulates or can be said to provoke the defendant to commit a crime.
Mulyadi Alrianto Tajuddin & Gusti Ayu Utami This action is in the form of the victim's attitude of rejection, the victim's attitude which causes resentment and anger.
In addition, victims of domestic violence that occurred in Merauke City also played a passive role, and this role was more due to the physical condition of victims who were biologically female and tended to be physically weak so that in the end, there was a criminal act of domestic violence.
So, it can be said that domestic violence cases will not occur if the victim does not do things that encourage the perpetrator to commit domestic violence.
This does not mean that domestic violence cases occur because of the perpetrator alone, but the victim also takes part in being the cause but not entirely because it returns to the perpetrator how the perpetrator restrains his anger not to commit violence against his partner.
Legal Protection in Overcoming Crimes of Domestic Violence against Women in Review of Victimology Police crime prevention includes preventive and repressive measures against crime.
Efforts to provide guidance, education, and awareness to the community before violent crimes are preventive or preventive actions.
Meanwhile, efforts to demonstrate ongoing crime eradication efforts are repressive measures.
At the same time, repressive measures can be preventive measures because cracking down on criminals creates fear for potential offenders or those who commit crimes to commit crimes.
Regarding domestic violence, there is an article that discusses the definition of protection as stated in Article 1 Point 4 of the PKDRT Law.
namely, protection is all efforts aimed at providing a sense of security to victims carried out by the family, advocates, social institutions, police, prosecutors, courts or other parties both temporarily and based on court decisions.
The protection referred to by the article above is protection only for victims of domestic violence, and the family or the authorities carry out the protection.
In legal protection efforts, there are two means: Penal .
carried out through criminal law channels and non-penal .
carried out outside criminal law channels.
With a more complete explanation as explained below:
According to Barda Nawawi Arief, efforts to overcome it through criminal law can also be called criminal efforts.
These efforts are countermeasures that focus more on the repressive nature, namely actions taken after the occurrence of crime with law enforcement and the application of sanctions against crimes committed.
In addition.
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php/laj/article/view/3376 crime eradication measures taken as part of this criminal effort include guidance and rehabilitation(B.
Arief, 2.
Meanwhile, countermeasures through non-criminal channels can also be described as efforts through non-criminal channels.
This effort is a countermeasure focusing more on the preventive nature, namely pre-crime prevention measures.
Through this noncriminal effort, the main objective is to overcome the factors that cause crime, including social problems or conditions that can directly or indirectly cause or promote Non-penal policies are crime prevention policies with resources outside the criminal law.
Measures through non-criminal guidance can be implemented in the form of activities such as sponsorship and social education in order to develop the social responsibility of citizens, development of public mental health through moral education, religion, etc.
Improve child and youth welfare efforts, as well as ongoing patrols and other surveillance activities by police and other security forces.
As mentioned regarding legal protection efforts, in overcoming domestic violence cases that occur, these legal efforts are also carried out.
Efforts of the Merauke Subregional Police Based on the results of research in both research locations, namely at the first location of the Merauke Resort Police Office.
Briptu Ruth Ohee in the Women and Child Protection Unit stated that overcoming domestic violence cases uses both legal remedies.
The penal effort .
is that the police suggest mediation either at the police station or at home to discuss the problem with a cool head before further proceedings.
If mediation has been conducted, but the complainant .
still wants to continue the report, the police will forward the report.
Furthermore, if the victim wishes, the police will make a statement to the perpetrator, but the statement will not be made if the victim does not.
When the statement has been made and signed by the perpetrator and then the perpetrator commits the same crime stated in the statement, the perpetrator will be immediately processed legally even though the victim does not agree to the process.
Then, the non-penal legal effort .
is that the police conduct socialization about domestic violence in the villages of Merauke City.
The socialization is carried out by the PPA unit itself or by joining with office employees from P2TP2A.
The target of the socialization is the husband and wife of each family in each village.
He educates about domestic violence, the Mulyadi Alrianto Tajuddin & Gusti Ayu Utami dangers and impacts of these cases, as well as the legal protection received by victims of domestic violence and the consequences for perpetrators of domestic violence cases.
Efforts of the Merauke Regency Office of Women's Empowerment.
Child Protection.
Population Control, and Family Planning The following research place, namely the Office of Women's Empowerment.
Child Protection.
Population Control, and Family Planning of Merauke Regency, more precisely in the Integrated Service Center for the Empowerment of Women and Children, also makes both of these legal efforts, namely Penal and Non-Penal.
The penal legal effort .
in question is mediation.
reports of domestic violence cases that enter P2TP2A do not want to divorce the couple, and the legal efforts taken are to bring the couple together and then suggest mediation accompanied by a lawyer on duty for P2TP2A, then allow the victim and the perpetrator, if they want to be processed further, office employees will accompany them to be processed further to the Merauke Subregional Police.
The following action is also to provide a statement letter that, if violated twice, will be processed immediately without any agreement between the two parties.
Then, non-penal legal efforts .
are also carried out, just like the PPA Unit at the Merauke Subregional Police.
P2TP2A also conducts socialization to married couples in Merauke City villages, which carries out these activities together with the Merauke Subregional Police or carry out themselves accompanied by lawyers as presenters who also help the course of the socialization.
Both research locations, namely the Merauke Subregional Police and P2TP2A Merauke, make penal efforts, namely mediation as stipulated in (Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution, 1.
and (Police Chief Letter No.
Pol:
B/3022/XII/2009/SDEOPS Dated December 14, 2009 on Handling Cases Through Alternative Dispute Resolution (AuADRA.
, 2.
("National Police Chief Letter 8/2009").
Efforts of Religious Leaders in Merauke Regency Efforts made by Religious Leaders in Merauke Regency, in this case Catholic Religious Leaders Father Hendrikus Kariwob.
MSC, said that in responding to cases of domestic violence reported by people, they often give affirmation by universal understanding and Catholicism, namely three important values, among others.
God loves us.
God created us in his image, and upholds the dignity of others.
If these three values are applied in married life, the marriage will avoid cases of violence that occur in it.
He then sensitized the people and reminded them of the Law and Justice Vol.
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php/laj/article/view/3376 marriage vows and the indissoluble nature of marriage.
Therefore, the Pastor then suggested mediation, the couple returning home to solve the problem with a cool head, and quite often, with this method, domestic problems such as domestic violence can be resolved.
However, if the problem of domestic violence that occurs is classified as severe where it can no longer be resolved because it harms the married couple, solving problems that cannot be resolved through mediation, then at the request of the family concerned, the priest can help to cancel the marriage.
Because if the violent marriage continues, for the sake of the happiness of both parties, the marriage annulment can be carried out.
Then, according to Mrs Costantina Lea Unmehopa as Pastor at the PNIEL Church and Protestant Religious Leaders in Merauke, the efforts made were to provide counselling to married couples who experienced domestic violence, provide confirmation of faith in the Church and pray, and this is often done because, in the teachings of Christianity, both Protestants and Catholics alike cannot divorce or separate what has been united by God.
However, if the domestic violence that occurs is classified as severe and repeated, the Pastor will return the decision to both parties because humans can only try to do the rest of God's business to unite or separate.
Furthermore, if the couple decides to separate, the Pastor will accompany them to legal channels for the good of both parties with the opinion that rather than one of them experiencing inner pressure and discomfort in their married life.
In addition, according to Islamic Religious Leaders in Merauke Regency.
Ustad Khoiri, the efforts that need to be made in the family are maintaining harmony in the household so that it is always maintained, realizing shortcomings, and trusting each other.
Furthermore, it is required to have a third party to reconcile because each husband and wife must not solve the problem with a cool head.
As a religious figure, it is his duty to reconcile husband and wife who are experiencing problems in their household life in order to achieve the real purpose of marriage and avoid domestic violence that will or is happening.
However, just like other religious leaders, according to Ustad, if the case of violence is severe and can no longer be reconciled with mediation, it will proceed to legal channels to achieve both parties' wishes so that they both feel comfortable with what they have decided.
Legal Protection Efforts According to the Community Through the results of questionnaires distributed to families in RT.
06 RW.
03 Kelurahan Karang Indah.
Merauke, as additional and supporting data for the accuracy of the information Mulyadi Alrianto Tajuddin & Gusti Ayu Utami in this research and writing, almost all of them agree that socialization is the right action to prevent domestic violence.
However, most of them think that the punishment for perpetrators of domestic violence has not been appropriately implemented as it should be.
Domestic violence cases rarely reach the trial stage in court because, according to the resource person handling the case, wives who are often victims of violence choose to withdraw the charges and resolve the problem or case in a family manner.
After all, the victim feels that when her husband is in prison, no one will provide for her or help take care of the children and several other factors.
Therefore, only a few cases that caused severe injury to the victim were processed until a court decision was issued.
In dealing with reported cases of domestic violence, the two research sites both looked at and dealt with cases from the perspective of Law No.
23/2004 on the Elimination of Domestic Violence (PKDRT La.
, which contains articles that regulate the rights of victims and criminal provisions for perpetrators based on violence committed either physically, psychologically, sexually, and domestic neglect.
Even though Law No.
23/2004 on the Elimination of Domestic Violence already exists, the protection of victims of criminal acts of violence, as provided in Articles 16 to 38 of Law No.
23/2004, is still far from expectations.
One of the apparent weaknesses of this law is that this criminal offence is a complaint offence, and in general, victims of domestic violence do not want to report their cases because it involves family relationships and maintaining the good name of the family.
Meanwhile, according to Religious Leaders, they use religious teachings and church law by the contents of the Bible, but if a married couple wants to take legal action, then the Pastor will assist until the settlement is carried out correctly.
In the occurrence of domestic violence cases, the victim can be a trigger that contributes to the cause of domestic violence cases, but the victim still receives protection by what is regulated in the PKDRT Law.
Because the victim does not commit violence to provoke the perpetrator to commit domestic violence, but the victim encourages more through non-physical behaviour that does not cause suffering to the perpetrator, the perpetrator is still legally wrong for committing domestic violence first to the victim because of his anger.
However, the victim still received guidance from the authorities if what she did was wrong and could cause a domestic violence case to happen to her.
Therefore, the victim still gets her rights as mentioned in the law, and the perpetrator gets the consequences of what he did by the Law and Justice Vol.
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php/laj/article/view/3376 CONCLUSION The role of the victim in the occurrence of crimes of violence against women in the household often occurs, causing cases of violence against victims within the household.
As the case has been written, the background or the role of the victim through verbal violence or debate first encourages the occurrence of cases of violence against him, and in this case, sometimes the victim does not realize that what he did was a trigger for domestic violence cases.
Therefore, it can be said that if the victim does not do the thing that is intended to provoke the perpetrator to commit domestic violence, then domestic violence will not occur solely because of the cause of the victim.
Legal Protection Efforts consist of Penal and Non-Penal, where both efforts are made, and the victim still gets their rights as a victim as stipulated in the law.
Even though the victim is wrong for doing things that trigger and cause her to get violent, the law still blames the perpetrator as stipulated in the law because the victim did not commit violence first.
However, the perpetrator committed violence first, so it returns to the perpetrator how to manage his anger not to commit domestic violence against his wife.
Therefore, there needs to be socialization that is not only focused on preventing perpetrators from committing domestic violence but also providing understanding and direction to victims so that victims can know that some of their actions at the wrong time can lead to violence that occurs within the scope of their household.
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