Kekerasan Fisik dalam Rumah Tangga dari Perspektif Penyusunan Pasal yang Didakwakan (Analisis Putusan No. 10/Pid.Sus/2019/PN Atb dan Putusan No. 89/Pid.Sus/2020/PN Jap)

Abstract

An indictment is a letter or deed that has a very important position in the process of resolving criminal cases, because it is based on the indictment that the examination in court is carried out. Therefore the indictment occupies a central position in the trial. The formulation of the problem discussed in this thesis is 1) How is the regulation of physical violence in the household and how it differs from the crime of abuse; 2) How does the indictment function in the process of proving criminal acts and judges' decisions; and 3) How is the proof of the crime of physical violence in the household in Decision No. 10/Pid.Sus/2019/PN Atb and Decision No. 89/Pid.Sus/2020/PN Jap from the perspective of compiling the articles charged. The research method used in this thesis is a normative juridical research method through a literature study and case study approach and uses secondary data obtained from primary legal materials, secondary legal materials, and tertiary legal materials. The crime of physical violence in the household is regulated in Article 44 of the Domestic Violence Law. The difference between physical violence in the household and abuse lies in the scope and actions as well as the relationship between the perpetrator and the victim. The indictment serves as the basis for court hearings, the basis for evidence and criminal charges, the basis for self-defense for the defendant, and is the basis for assessment and the basis for the judge in making a decision in court. The indictments in two domestic violence cases were drafted using the same indictment format and different articles. Decision No. 10/Pid.Sus/2019/PN Atb and Decision No. 89/Pid.Sus/2020/PN Jap were drafted using alternative indictments. The differences in the articles cited in these two decisions impacted the criminal evidence and the judge's decision.