Criminal Sanctions’ in Law Number 23 of 2004 concerning the Elimination of Domestic Violence Dilemma of Complaint Delict from a Utilitarianist Perspective

DOI

10.2991/978-2-38476-218-7_100How to use a DOI?

Keywords

Complaint Delict; Good Governance; Morals; Penal Sanction

Abstract

Good governance should have more relation with problem solver regulation. Under Utilitarianism’s perspective, the government have to consider someone’s goals during policy’s formulation process. This article provides an overview about Eliminating Domestic Violence Law’s implementation in Indonesia that cause a dilemma when the government fail to protect the citizen’s rights. This article looks for issues arising from the complaint delict’s effectiveness that become the basis for the criminalization process according to that regulation. When violence occurs in the marriage, the victim will experience a dilemma because when they report it to the police, it can damage the marriage that they are supposed to protect. In the good governance perspective, it can be said that the government need to explore the true problem that cause a low willingness of domestic violence victims to take legal action to seek justice. Socio-legal research methods with a conceptual and statutory approach will be used in this research. This progressive legal research uses the perspective of utilitarianism theory to understand the unwritten norms of decency in Indonesian society. This study showed that divorce is taboo and must be avoided. So, it can be concluded that the complaint delict in the Elimination of Domestic Violence Act can support maintaining the marriage but is less effective in prosecuting the perpetrator. For this reason, it is necessary to revise the complaint delict that underlie the legal process against perpetrators of domestic violence. This study is essential to carry out because decency norms in society, which consider the judicial process to be taboo, can hinder the enforcement of criminal law for perpetrators of domestic violence.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rininta Gustiyani
AU  - Hartiwiningsih Hartiwiningsih
AU  - Sapto Hermawan
PY  - 2024
DA  - 2024/02/22
TI  - Criminal Sanctions’ in Law Number 23 of 2004 concerning the Elimination of Domestic Violence Dilemma of Complaint Delict from a Utilitarianist Perspective
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 596
EP  - 601
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_100
DO  - 10.2991/978-2-38476-218-7_100
ID  - Gustiyani2024
ER  -