Tinjauan Kriminologi Terhadap Tindak Pidana Kekerasan Dalam Rumah Tangga (Studi di Wilayah Hukum Polrestabes Medan)

Abstract

Domestic Violence is a serious crime often concealed within the private sphere, making it a significant iceberg phenomenon. This study aims to examine the crime of domestic violence from a criminological perspective, focusing on its causal factors, perpetrator characteristics, forms of violence, and the obstacles and countermeasures employed by police authorities within the jurisdiction of the Medan Metropolitan Police (Polrestabes Medan). This study utilizes a juridical-empirical legal research method with a qualitative approach. Primary data were collected through in-depth interviews with investigators at the Women and Children Protection Unit (PPA) of the Medan Metropolitan Police and through documentary analysis of police reports and court verdicts. Secondary data were obtained from a literature review comprising relevant laws and regulations, books, and academic journals. The findings indicate: First, the legal framework for domestic violence in Indonesia is comprehensive, supported by Law No. 23 of 2004, the Criminal Code (both old and new), and strengthened by Law No. 12 of 2022 concerning the Crime of Sexual Violence, and Government Regulation No. 4 of 2006 regarding victim recovery. Second, from a criminological review, it was found that the causes of domestic violence in Medan are multifactorial, dominated by economic pressure, internal household conflicts (such as infidelity and poor communication), and the influence of patriarchal culture. The perpetrator profile is predominantly male in the productive age range (30–50 years) with backgrounds of relatively low economic and educational status. Physical violence accompanied by psychological violence is the most dominant form that occurs. Third, in its countermeasures, the Medan Metropolitan Police face substantive obstacles (difficulty in proving economic neglect), structural obstacles (limited number of personnel), and cultural obstacles (social stigma and the withdrawal of reports). In response, the police implement preventive efforts through public awareness campaigns, repressive measures through law enforcement, and curative measures by prioritizing a restorative justice approach.