CRIME DETERMINATED OF HOUSEHOLD VIOLENCE AS A CRIME ACTION (Case Study in Territory of Juridiction Appellate Court of West Sumatera)

Amrad, Jurnalis (2008) CRIME DETERMINATED OF HOUSEHOLD VIOLENCE AS A CRIME ACTION (Case Study in Territory of Juridiction Appellate Court of West Sumatera). Working Paper. Pascasarjana Unand. (Unpublished)

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Abstract

Nowadays, criminality of Household Violence Shows the Increasing Day by Day in West Sumatera. It is strengthened by the statement of the minister of Women Roles at daily newspaper Padang Ekspress on Mei 2007. Generally, West Sumatera citizen embrace the lineage matrilineal namely lineage of the mother line in which culturally more esteeming of women clan in consanguinity structure in Minangkabau. On the other hand, we know that the Law No. 23 year 2004 about The Arising of Household Violence has been validated in each court in Indonesia territory of jurisdiction, specially in territory of jurisdiction appellate court of West Sumatera. But why the condition and phenomenon above still happen? The problem above encourages the writer to study and do the research concerning household violence. What is the consideration reason of the judge in dropping the crime decision? Does applying of crime sanction of household violence can generate the effect discourage for perpetrator and society in general. The writer uses sociology juridical (socio legal research) approach for the problem approach. That is approach of problem through theory and regulation then connect it to reality of the fact. The core of the approach is social science toward social problem. The theory was presented by Herbert L.L. Packer concerning crime theory to reach the dot encounter the cause of doing crime, purpose of crime and effect of crime. Based on the research, the writer concludes that the cause of judge decision not to apply the whole of the law because the law of household violence was effectively applied at 2005, so what partly case of household by enforcer punishment still applied the criminal code especially section of 351 KUHP concerning civel treatmant. The reason of dropping the crime decision is the proven violence of perpetrator and supported by eye withness description then the inspection result if the perpetrator regrets and promise to construct the harmonious family. Applying the crime sanction of household violence cannot generate the effect discourage for perpetrator and society in general, because many cases ended by divorce mean while the punishment responsibility to the defendant only limited to crime sanction without family consideration.

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