Deconstructing the Regulation of Domestic Violence Norms in the Indonesian Legal System

Abstract

Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence (UU-PKDRT) must be recognized as a progressive breakthrough in the criminal law system, but in its implementation it is still oriented towards the criminalization of perpetrators of violence (crimes). If the perpetrator is the husband, then the victim (wife) will be worried/rethink if they want to continue the complaint/demand, return to this because of the unbalanced relationship between husband and wife, and generally accompanied by the economic powerlessness of the wife. Violence committed by the husband against his wife or vice versa is also called domestic violence. Violence against women is universal because it does not recognize the boundaries of race, ethnicity, class, religion, culture, social status, age, and gender. The research method used in this writing is a research method with a normative juridical approach, namely legal research that prioritizes secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, in the form of positive laws and regulations and the implementation of these positive laws in practice in Indonesia. Meanwhile, the data analysis in this writing was carried out using a qualitative juridical analysis method. Based on the results of the research, it was concluded that legally providing a stronger foundation than the Criminal Code and the Criminal Code in dealing with domestic violence, substantive justice for victims can only be realized if accompanied by implementing reforms that touch on structural, cultural, and institutional aspects. This includes increasing the capacity of the apparatus, expanding access to protection services, changing discriminatory social norms, and strengthening the supervision mechanism for the implementation of the PKDRT Law.