Penal Mediation in the Settlement of Criminal of Household Violence by Husband Towards Wife from the Social Order Era of the Pandemic of COVID-19

DOI

10.2991/assehr.k.210312.044How to use a DOI?

Keywords

Penal Mediation, Domestic Violence

Abstract

The COVID-19 pandemic that occurred in Indonesia resulted in applying of social distancing, as a result of this social problems that occurred in the community, there was violence against household (KDRT) in Indonesia, although it did not clearly mention that mediation was for the field of civil law, but if you look closely at the community, the mediation council referred to is mediation in the field of civil law. For this reason, this research will discuss whether mediation is used in criminal matters, especially in cases of domestic violence. The research methods used are: The approach method used in Normative Legal Research (juridical normative) by using the statutory approach, conceptual approach, historical approach, and comparative and empirical approaches (field data). The data analysis technique used in this research is descriptive qualitative method, namely describing and analyzing data that has been obtained from judges, perpetrators, lawyers, victims’ families and subsequently translated into actual explanations. Based on the results of the research it can be argued that: When a domestic violence case occurs, mediation is carried out where the number of cases mediated is quite a lot, the mediator has difficulty finding a proper mediation room, so that hall rooms, judge rooms and rooms can be used for mediation with room conditions that are not standard for mediation process. Using penal mediation in cases of domestic violence is seeking a win-win solution as well as trying to be a solution to problems in the criminal justice system. The application of penal mediation is not used in handling domestic violence but uses the Criminal Procedure Code (KUHAP). However, in practice the authorities often offer peaceful efforts for cases that do not cause serious physical injury.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mukidi
AU  - Nelvitia Purba
AU  - Nelly Azwarni Sinaga
PY  - 2021
DA  - 2021/03/13
TI  - Penal Mediation in the Settlement of Criminal of Household Violence by Husband Towards Wife from the Social Order Era of the Pandemic of COVID-19
BT  - Proceedings of the First International Conference on Science, Technology, Engineering and Industrial Revolution (ICSTEIR 2020)
PB  - Atlantis Press
SP  - 277
EP  - 282
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210312.044
DO  - 10.2991/assehr.k.210312.044
ID  - 2021
ER  -