文章基本信息

标题：SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA
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作者：Tjokorda Istri Putra Astiti ; Ni Nyoman Sukeni ; I Ketut Sudantra 等
期刊名称：Jurnal Magister Hukum Udayana
印刷版ISSN：2302-528X
出版年度：2014
卷号：3
期号：2
页码：346-370
DOI：10.24843/JMHU.2014.v03.i02.p08
语种：Indonesian
出版社：Universitas Udayana
摘要：This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard to domestic violence cases. In addition, this study also intends to study about rule which are applied by the Judges on the cases, and reveal whether the decision under review reflects the gender justice This research is a legal normative research using case approach which was examined by studying the Judge’s decision in concrete cases, especially with regard to domestic violence. The number of decisions that were examined are six decisions which consists of three decisions of the District Court (Pengadilan Negeri) and three decisions of the High Court (Pengadilan Tinggi). The decisions are determined by purposive sampling. Based on the analysis of the six decisions mentioned above , can be concluded as following: 1) The rule applied by the judge in hanling the concrete cases regarding domestic violence particularly violence against women is on the Domestic Violence Act ( Act No. 23/2004 ) with the application of a kind of sanction of imprisonment ranging from 1-3 months, that varied there the defendant was arrested some are dropped with conditional (pidana bersyarat) (not being held prisoner) 2) Among the three decisions of the District Court and the three decitions of the High Court which have analysed, in one hand show synchronization and the other hand show differentiation. In this case, synchronization and differentiation can be seen vertically (between the District Court and the High Court decision), and horizontally (between the District Court to each other) or between the decision of the High Court to each other). 3) That the decision of the District and the High Court, either have reflected gender sensitively and gender equity.
关键词：Court Decision;Differentiation;Domestic Violence Case;Synchronization