Tindak Pidana Kekerasan Fisik Dalam Rumah Tangga Yang Mengakibatkan Luka Berat Pada Pernikahan Siri ( Analisis Putusan Pengadilan Negeri Pasarwajo No.72/Pid.Sus/2022/PN.Psw dan Putusan Pengadilan Tinggi Kendari No.122/Pid.Sus/2022/PT.Kdi )

Abstract

Domestic violence is still a serious problem in Indonesia, although the state has passed Law No. 23/2004 on the Elimination of Domestic Violence, the implementation of protection for victims often faces obstacles, especially if the violence occurs in a siri marriage relationship that is not officially recorded by the state. The unclear legal status in a siri marriage is often an obstacle in proving the elements of the household, thus hampering the legal process and the fulfillment of victims' rights.The problem formulations in this study include: (1) How is the legal regulation of domestic physical violence resulting in serious injury; (2) How is the form of legal protection provided to the wife as a victim of domestic violence; and (3) How is the judge's consideration of the regulation of criminal acts of domestic physical violence in marriage which resulted in serious injury in a siri marriage in Pasarwajo District Court Decision No.72/Pid.Sus/2022/PN.Psw and Kendari High Court Decision No.122/Pid.Sus/2022/PT.Kdi. The research method used is normative juridical research method with a statutory approach and case approach and uses secondary data obtained from primary legal materials, secondary legal materials, and tertiary legal materials.Based on the results of the research, criminal acts of physical violence in the household that result in serious injuries are regulated in Article 44 paragraph (2) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). Although the victim is in a siri marriage, the provisions in the PKDRT Law can still be used as a basis for legal protection. Protection is provided both preventively through socialization and prevention efforts, as well as repressively through punishment and sanctions against perpetrators. However, the unregistered status of marriage is an obstacle in proving the elements of the household in accordance with Article 2 of the PKDRT Law, which has an impact on the judge's legal considerations. The difference in decisions between the courts of first instance and appeal also shows that judges' perceptions of the validity of the domestic relationship also influence the outcome of the decision. Therefore, it is important to recognize a substantive domestic relationship, not solely dependent on the administrative validity of marriage, in order to ensure the protection of women, especially wives, including in siri marriages.