寻求法律正义:批评 Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan 地区法院关于家庭暴力的判决

Andi Hakim Lubis, Ariman Sitompul, Serimin Pinem, Rizkan Zulyadi, Fahrizal S. Siagian
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引用次数: 0

摘要

本研究旨在研究法官在一起针对儿童的家庭暴力刑事案件中做出的判决,目的是分析法官的判决如何符合 2004 年第 23 号《消除家庭暴力法》和 2019 年第 9 号《关于处理针对妇女和儿童的暴力行为的实施办法》,同时也考虑到道德方面和利益。本研究是一项理论研究,采用案例研究的方法来批评司法裁决。这种方法的目的是研究法院裁决,即塔帕克团地区法院法官的第 37/Pid.Sus/2020/PN.Ttn 号判决,以了解法律在实际情况中的适用情况。数据来源于法院判决、《婚姻法》以及与本研究问题相关的若干重要法规。本研究认为,在第 37/Pid.Sus/2020/PN.Ttn 号判决中,法官的考虑只是形式上的,仅仅是遵循法律规定。在该裁决中,法官似乎忽视了实质方面,这一点从法官在裁决中的考虑可以看出。这与二号成员法官的意见以及裁决中法官小组的赞同意见是一致的。然而,第 37/Pid.Sus/2020/PN.Ttn 号裁决需要得到赞赏,因为法官的任务非常艰巨,因为他在裁决手头案件时不仅要考虑法律利益,还要考虑社会的正义感,以实现法律的确定性。
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Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence
This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.
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