Overview Of Domestic Rape Jurisdiction (Decision Number 899/Pid.Sus/2014/PN.Dps)

نویسندگان

چکیده

Sexual violence against wives that occurs in the household is better known by general public as marital rape which defined a marriage bond. However, broader understanding understood various groups regarding wife who receives acts of sexual her husband or coercion all to carry out activities without considering condition wife. Or forcing have relations ways are not fair do like In Indonesia, there been several court decisions issue household, one Decision Number 899/Pid.Sus/2014/PN.Dps was carried Tohari. The panel judges deciding this case using Article 46 Law no. 23 2004 concerning Elimination Domestic Violence judge's considerations accordance with legal facts proven prosecutor defendant intentionally committed an act domestic caused physical injury victim's body and genitals. And elements fulfilled, namely element every person committing violence. Of aggravating mitigating factors, factors had hurt injured witness defendant's did feel guilty about what he done. While has never convicted elderly. Therefore, based on considerations, sentenced 5 (five) months prison from original demand 10 (ten) prosecutor.

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ژورنال

عنوان ژورنال: Pusat Pengkajian Pancasila dan Konstitusi Law Review

سال: 2022

ISSN: ['2798-1053']

DOI: https://doi.org/10.19184/puskapsi.v2i2.30633