PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (STUDI KASUS PUTUSAN PENGADILAN NEGERI PEKANBARU NOMOR : 192/PID.B/2009
Abstrack: Criminal offense of
domestic violence is a criminal act that occurred in the family environment
whether physical, fsikis, and sexual violence has a negativeimpact on domestic
harmony. Pekanbaru District Court Decision No. 192 / Pid.B/ 2009 / PN / PBR is
one of the domestic violence case in which the defendant has been indicted by
the Public Prosecutor with alternative charges, first in violation of Article
306 paragraph (2) of the Criminal Code, or both in violation of Article 44
paragraph (3) of Law No. 23 of 2004 on the Elimination of Domestic Violence. Furthermore,
in reaching a decision on the case, how the judges saw as well asgiving
consideration to alternative charges that have been in dakwakan by thePublic
Prosecutor. The purpose of this thesis, namely: First, to determine punishment
of perpetrators of domestic violence in the case Number: 192 / Pid.B / 2009 / PN.PBR.
Second, to determine the consideration of judges in sentencing for perpetrators
of violence in the home Tannga in Case Number: 192 / Pid.B / PN.Pbr. This type
of research is classified in legal research is defined sociological look at the
effectiveness of the law in force, with the correlation between law and
society. From the results of research and discussion, it can be concluded that
the First Implementation of criminal sanctions against the perpetrators of the
crime of domestic violence in the case number: 192 / Pid.B / PN.Pbr. where the
judges who hear the case the case after reading and understanding the relevant
case files and the judges convict who has been determined by a judge that is 2
(two) Year Six Months. The perpetrator shall be punished on the basis of
violation of Section 306 subsection (2) of the Criminal Code. Secondly,
Considering after getting the facts and the law court to examine the
chronological events Ermawati victim'sdeath (defendant's wife) then some judges
consideration in deciding Case Number: 192 / Pid.B / 2009 / PN.Pbr. namely: The
judges have been doing construction by departing from the basic law used
Article 306 paragraph (2) ofthe Criminal Code and not made Law 23 of 2004 on
domestic violence as the foundation of thinking, the judges also have done
silogistis coherent thoughtprocess so that all the elements are connected with
the alleged facts and conclusions, that the fact that the law has met the
elements of offense defined in law.
Penulis: Nuroso
Kode Jurnal: jphukumdd151301
