PENERAPAN SANKSI PIDANA TERHADAP PENELANTARAN ISTRI OLEH SUAMI SEBAGAI BENTUK KEKERASAN DALAM RUMAH TANGGA

Abstract

Discrimination against women in the country of Indonesia is still strong, in because the perspective that states women are weak creatures. In Act 23 of 2004 on the Elimination of Domestic Violence (hereinafter referred to Law PKDRT), neglect in the household can be classified as an act of domestic violence and of course subject to criminal sanctions. As for the formulation of the problem in this paper are: (1) How the forms wife abandonment by husbands in domestic violence? (2) How does the application of criminal sanctions against the criminal neglect of the wife by the husband in the household? (3) Are the constraints faced by judges in the application of criminal sanctions against the criminal neglect of the wife by the husband in the household? The research method is a socio-juridical, which uses primary data and secondary data as the data source. Data was collected through interviews and document study. Data were analyzed using qualitative data analysis. Conclusion The results of the study are: (1) One form of neglect the wife by the husband in a domestic violence among which the husband does not provide for the material on his wife (2) The application of sanctions against the perpetrators of the crime of neglect of the wife by the husband in the household, Pursuant to Section 49 letter a PKDRT Act may be liable to imprisonment for a period of 3 (three) years or a fine of not more Rp15,000,000.00 (fifteen million rupiah). (3) Constraints Judge in the application of common law wife abandonment by husbands in principle not found significant constraint by judges, but usually after the threat of divorce cases completed has been waiting for.

Keywords: Application, Criminal, wife abandonment, domestic violence