Kekerasan Dalam Rumah Tangga (KDRT) dalam Sorotan Hukum Positif: Studi Kasus di Polsek Siak Hulu
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Abstract
The challenge of disharmony in the family is a pretty hard trial in fostering the household. Trials that cannot be passed in fact partly lead to domestic violence (domestic violence). Domestic violence especially the persecution of his wife, is one of the causes of chaos in society. The Indonesian National Police is present in providing the best protection and services in solving this problem. The purpose of this study is to describe the handling of domestic violence cases by the Siak Hulu Police Station, and analyze it with a positive legal review. The researcher that the researcher did was using a qualitative approach with a type of case study. Data collection methods are interviews, observation, and documentation. The results of the study concluded that: First; Handling of domestic violence cases carried out by the Siak Hulu Police Station in two ways namely prevention (preventive) and detention (repressive). Preventive handling is pursued through (a) the socialization of domestic violence laws; (b) in collaboration with community organizations such as youth, preachers, and ninik mamak; and (c) in collaboration with other agencies such as the village and village government, as well as the Siak Hulu Religious Affairs Office. Handling with repressive is begins with the peace process, and if it cannot continue, then the process of handling criminal law is continued. Second; Handling of domestic violence cases by the Siak Hulu Police Station is in accordance with the positive legal provisions in force in Indonesia, namely the Republic of Indonesia Law. Number 23 of 2004 concerning the Elimination of Household Violence. Handling through preventive efforts in accordance with Islamic rules prioritizes maṣlaḥaḥ and trying to avoid the substance of the maqaṣid asy-shari'ah. While what continues in handling cases to criminal law is also in accordance with Islamic law that all legal provisions must be carried out firmly.
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Main Article Content
Abstract
The challenge of disharmony in the family is a pretty hard trial in fostering the household. Trials that cannot be passed in fact partly lead to domestic violence (domestic violence). Domestic violence especially the persecution of his wife, is one of the causes of chaos in society. The Indonesian National Police is present in providing the best protection and services in solving this problem. The purpose of this study is to describe the handling of domestic violence cases by the Siak Hulu Police Station, and analyze it with a positive legal review. The researcher that the researcher did was using a qualitative approach with a type of case study. Data collection methods are interviews, observation, and documentation. The results of the study concluded that: First; Handling of domestic violence cases carried out by the Siak Hulu Police Station in two ways namely prevention (preventive) and detention (repressive). Preventive handling is pursued through (a) the socialization of domestic violence laws; (b) in collaboration with community organizations such as youth, preachers, and ninik mamak; and (c) in collaboration with other agencies such as the village and village government, as well as the Siak Hulu Religious Affairs Office. Handling with repressive is begins with the peace process, and if it cannot continue, then the process of handling criminal law is continued. Second; Handling of domestic violence cases by the Siak Hulu Police Station is in accordance with the positive legal provisions in force in Indonesia, namely the Republic of Indonesia Law. Number 23 of 2004 concerning the Elimination of Household Violence. Handling through preventive efforts in accordance with Islamic rules prioritizes maṣlaḥaḥ and trying to avoid the substance of the maqaṣid asy-shari'ah. While what continues in handling cases to criminal law is also in accordance with Islamic law that all legal provisions must be carried out firmly.