Perspective of Law Enforcement Regarding Criminal Sanctions for Domestic Violence by Police Officers
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 07
Abstract
This research identifies, analyzes, and reformulates the juridical basis regarding criminal sanctions for domestic violence committed by law enforcement officials. By focusing on the criminalization policy in the application of criminal sanctions in the Law on the Elimination of Domestic Violence and the minimum limit of criminal sanctions for domestic violence according to Indonesian legislation and the application of the code of ethics for the Police. This research uses a normative juridical approach, namely by examining/analyzing secondary data in the form of legal materials, especially primary legal materials and secondary legal materials, by understanding the law as a set of positive rules or norms in the legislative system that regulates human life. The results show that the new Criminal Code Law and the PKDRT Law have undergone significant evolution in dealing with domestic violence in Indonesia. The new Criminal Code Law regulates sexual violence by incorporating elements of the PKDRT Law, albeit with lighter criminal penalties. The PKDRT Law introduces a system of formulating alternative criminal sanctions, giving judges flexibility, but the main challenge is the consistency of law enforcement and the application of professional codes of ethics in law enforcement officials, such as those stipulated in the POLRI Code of Ethics.
Authors and Affiliations
Fadjarina Avrina Noerdin, Bambang Waluyo, Beniharmoni Harefa
Keywords
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- EP ID EP740516
- DOI 10.47191/ijsshr/v7-i07-73
- Views 48
- Downloads 0
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