SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA
Abstract: This study
specifically aims to assess synchronization and differentiation between the judge's decision, both
horizontally and vertically, especially with regard to domestic violence cases.
In addition, this study also intends to study about rule which are
applied by the Judges on the cases, and
reveal whether the decision under review reflects the gender justice
This research is a legal normative research using case approach which was
examined by studying the Judge’s decision in concrete cases, especially with
regard to domestic violence. The number of decisions that were examined are six
decisions which consists of three decisions of the District Court (Pengadilan
Negeri) and three decisions of the High Court (Pengadilan Tinggi). The
decisions are determined by purposive sampling.
Based on the analysis of the six
decisions mentioned above , can be
concluded as following: 1) The rule applied by the judge in hanling the
concrete cases regarding domestic violence particularly violence against women
is on the Domestic Violence Act ( Act No. 23/2004 ) with the application of a
kind of sanction of imprisonment ranging from 1-3 months, that varied there the
defendant was arrested some are dropped with conditional (pidana bersyarat)
(not being held prisoner) 2) Among the three decisions of the District
Court and the three decitions of the High Court which have analysed, in one hand show synchronization and the
other hand show differentiation. In this
case, synchronization and differentiation
can be seen vertically (between the District Court and the High Court
decision), and horizontally (between the District Court to each other) or
between the decision of the High Court to each other). 3)
That the decision of the District and the High Court, either have reflected gender sensitively and
gender equity.
Penulis: Tjokorda Istri Putra
Astiti
Kode Jurnal: jphukumdd140300
