Pemidanaan Terhadap Pelaku Kekerasan Dalam Rumah Tangga (Putusan Nomor 129/Pid.Sus/2021/PN.SdaP)

Physical violence is defined as an act causing the victim pain, suffering, or significant losses. An example of domestic physical violence is found in Decision No. 129/Pid.Sus/2021/PN. Sda. This study investigates two key issues: 1) Whether the criminalization of perpetrators in Decision No. 129/Pid.Sus/2021/PN. Sda meets the provisions of Article 44 Paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence? 2) Whether the punishment in Decision No. 129/Pid.Sus/2021/PN. Sda fulfills the objectives of criminal law? Using a normative juridical approach and library research method, the findings indicate that, per Article 44 Paragraph (1) of Law No. 23 of 2004, the perpetrator should have received a five-year prison sentence. However, the decision did not comply with this legal requirement. The study concludes that the punishment given does not align with the legislative model theory, suggesting a need for a five-year prison sentence. Moreover, the combined theory on the purpose of punishment, which includes providing a deterrent effect and offering guidance to the perpetrator, was not met in this decision. This highlights the necessity for a stricter application of the law to ensure both justice and rehabilitation.