PENJATUHAN PIDANA DENDA TERHADAP PELAKU TINDAK PIDANA PENELANTARAN DALAM LINGKUP KELUARGA (STUDI PUTUSAN : 22/pid.sus/2019/PN.PMN)

Authors

  • Fidelatini Ibrahim Universitas Bung Hatta
  • Uning Pratimaratri Universitas Bung Hatta

Keywords:

Keywords: Criminal, Fines, Abandonment,Domestic violence

Abstract

The criminal act of neglect of people in the household is neglect of people within the scope of the household which is committed by one of the members of the household including prohibited acts, KDRT is regulated in. Formulation of the problem: 1)How is the application of fines against perpetrators of criminal acts of neglect within the scope of household in decision Number: 220/Pid.Sus/2019/PN.PMN. 2)What is the judge's consideration in imposing a fine on the perpetrator of neglect within the scope of household in decision Number:220/Pid.Sus/2019/PN.PMN.Thisstudy uses a juridical normative approach, Based on research 1)In essence, the application of a fine in the case is correct and can fulfill a sense of justice for victims of neglect in the scope of their family, but the judge chooses to do ultra petita 2)The judge's consideration is related to juridical factors, namely charges, charges, legal facts, tools. The evidence, as well as the testimony of the defendant, have been carefully considered by the panel of judges and non-juridical factors, where there are mitigating and burdensome circumstances, it is appropriate to pay attention to the facts in the trial, there is no consideration of the judge outside the facts of the trial.

References

Peter Mahmud Marzuki, 2010, Sumber- sumberRisetHukum, KencanaPrenanda Media Group, Jakarta

SoerjonoSoekanto, 2013, Tata caraRisetHukumSosiologis, RajawaliPers, Jakarta

PERATURAN PERUNDANG-UNDANGAN

Undang- Undang No 23 Tahun 2004, tentangPenghapusanKekerasanDalamRumahTangga.

Putusan No 220/ Pid. Sus/ 2019/ PN. PMN

Downloads

Published

2022-08-09