REFORMULASI SANKSI PIDANA KEKERASAN PSIKIS YANG TERJADI DALAM RUMAH TANGGA DI INDONESIA

Abstract

Deletion Domestic Violence Act Number 23 of 2004 on the Elimination of Domestic
Violence, which asking everyone to respect human rights by not commiting violence both
physically and physicologically. But the datas show that the domestic violence can be the top
of an iceberg. That’s why as a countermeasure physical violence which increase and the
importance of giving birth to a new paradigm, to change the public perseption about psychic
violence which happened in the household, It is necessary to reformulate criminal sanctions
as stipulated in Article 45 Violence Act Number 23 of 2004 on the Elimination of Domestic
Violence to present more precise laws in answering the needs of modernization. The purpose
of this research is to know the application of criminal sanctions of psychic violence that
occurs in the household in the Indonesian legal system, and form the idea of reformulation of
appropriate sanctions against criminal acts of domestic psychic violence.
This research is normative legal research supported by primary data in the form of
interviews. Also called doctrinal legal research which legal research that uses data based on
literature research by taking quotes from literatur-literatur that have something to do with the
problem to be researched. Thus the study uses secondary data sources consisting of primary,
secondary, and tertiary legal materials. The study also used qualitative data analysis and
produced descriptive data.
From the results of discussions and research conducted, there are several conclusions
obtained, namely: First, the criminal sanctions of psychic violence as stipulated in Article 45
of Law No. 23 of 2004 on the Elimination of Domestic Violence are classified as sanctions
that are not implementative and do not consider the impact of psychic violence that can be
worse than physical violence. In the end, existing sanctions become obstacles in projecting
the law as a tool of social engineering that is fair and beneficial to society. Second, the
increase in criminal sanctions in the form of imprisonment and criminal fines, and adding
treatment and /or treatment in the form of rehabilitation is an idea that is compiled by
considering the outlook of life, awareness and legal ideals, as well as the philosophy of the
Indonesian nation derived from Pancasila and the Opening of the Constitution of the
Republic of Indonesia in 1945.
Key Words: Reformulation – Criminal Sanctions – Psychic Violence