The existence of Criminal Justice System as Legal Safeguards for Women Victims of Domestic Violence

摘要

Domestic violence is a form of crime against a person especially women that causes physical, sexual, psychological suffering and/or the marital abandonment, including threats to commit acts, coercion, or deprivation of liberty against the law within the scope of the household. The existence of the Criminal Justice System will have a direct impact on the protection of women victims of domestic violence. This research was a doctrinal law research with a statute approach in addition to a conceptual approach. While the analysis used were qualitative analysis and grammatical; as well as systematic interpretation. The results showed that the Criminal Justice System in Indonesia at the level of rules and concepts has provided legal protection for women victims of domestic violence, as stated in Article 1 of Law No. 23 of 2004 concerning the Elimination of Domestic Violence that there is an integrated effort, synergy between the government and the community. In addition, each stakeholders will provide services to victims of domestic violence in accordance with their respective fields ranging from the Police, health workers, social workers, volunteer assistants, spiritual advisers including the Prosecutor's Office and Court in prosecuting and delivering decisions on perpetrators of domestic violence becomes important to avoid the recurrence of cases of domestic violence in the community as a deterrent effect. In addition, the concept of mediation has emerged as an alternative thought in solving the problem of the criminal justice system, including the domestic violence cases.