Relevance of Criminal Law Formulation in the Law of Domestic Violence Elimination in Indonesia

Bibliographic Data

ID19580976
AuthorsDewi Setyowati (Universitas Hang Tuah), Emmilia Rusdiana (0000-0002-9642-0143, State University of Semarang)
Year2020
Volume5
Issue1
Pages95-124
Publication date2020-05-04
Open AccessYes
TypeARTICLE
VenueJournal of Indonesian Legal Studies (JOURNAL)
Journal identifiersISSN: 2548-1584 • E-ISSN: 2548-1592
PublisherUniversitas Negeri Semarang (PUBLISHER • ID)
DOI10.15294/jils.v5i1.35362
OpenAlexW4285675295
LanguageEN
Citations received1
References cited6

Violence Against Women is becoming more and more with specific domestic violence, as well as the cause hidden behind divorce. The issue of domestic violence is arranged by The Law Number 23 of 2004 on The Elimination of Domestic Violence which contains a summary of criminal act in Article 44 to Article 53. This study attempts to analyze the philosophy of regulation of domestic violence in Indonesia and the political law of the law number 23 Year 2004 on the elimination of domestic violence is related to the principles in the formulation of criminal law. This research is a normative legal research, and was obtained by studying documentation, discussion, and literature study and with collection data is literature study and analyzed prescriptively. The authors believe that the household paradigm that is in accordance with the objectives of this law is to realize the integrity of households, and it implies the formulation of criminal law is not appropriate, so it is a manifestation of overcriminalization/ penalization

Criminal law · Criminology · Domestic violence · Municipal law · Normative · Poison control · Political science · Public law · Sociology · Human Factors and Ergonomics · Indonesian Legal and Regulatory Studies · Law · Legal and Social Justice Studies · Legal Studies and Policies · Medicine

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