LEGAL MEMORANDUM

PENDAPAT HUKUM TENTANG KEKERASAN DALAM RUMAH TANGGA TERHADAP ANAK DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

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Everyone has the potential to become a victim of crime, including both
adults and children. Children who become victims of crime within the household
may experience prolonged trauma or long-lasting effects. One common form of
violence against children in the household is perpetrated by domestic helpers
(ART) against their employer's children. Therefore, it is necessary to provide a
legal opinion to victims of domestic violence, covering the following aspects: 1)
How can violence perpetrated by a domestic helper (ART) against their
employer's child be classified as a crime? 2) What are the legal consequences of
such violence in the context of criminal law? 3) What is the criminal liability of
the domestic helper (ART) who commits violence against their employer's child?
The analytical tools used in this study include legal interpretation methods
such as: 1) Grammatical interpretation, 2) Systematic interpretation, and 3)
Authentic interpretation. These interpretations aim to explain or understand the
provisions of the law to produce a sound legal opinion.
Domestic Violence according to Law Number 23 of 2004 Article 1
Paragraph 1 concerning the Elimination of Domestic Violence is any act against
a person, especially a woman, which results in physical, sexual, psychological,
and/or domestic misery or suffering, including threats to commit unlawful acts,
coercion, or deprivation of independence within the scope of the household.
Violence committed by a Domestic Assistant (ART) with the initials IK against her
employer's child, in this case in addition to being qualified as a criminal act of
physical and psychological violence in the household, can also be qualified as a
criminal act of violence against children, and a criminal act of persecution. The
legal consequences of violence committed by ART against his employer's children
from a criminal law perspective are in the form of criminal liability. Domestic
violence cases committed by IK against her employer's child for 6 consecutive
months have fulfilled the elements as specified in Article 44 Paragraph (1) and
Article 45 Paragraph (1) of Law Number 23 of 2004 concerning the Elimination
of Domestic Violence, Article 76C jo Article 80 Paragraph (1) of the Child
Protection Law, Article 351 of the Criminal Code. Criminal liability for ART who
commits violence against his employer's child can be pursued by first reporting
the ART to the police. Based on several provisions that are suspected to have been
violated by ART, the ART has the potential to be criminally liable with a
maximum prison sentence of 5 years and a maximum fine of Rp 72,000,000.00.

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Ketersediaan

SKP0001100

345

Fakultas Hukum (SKRIPSI)

Tersedia namun tidak untuk dipinjamkan - No Loan

Informasi Detail

Judul Seri

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No. Panggil

345

Penerbit

BANDUNG : FAKULTAS HUKUM UNPAS., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

345

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

PERTAMA

Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

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