Analisis Yuridis Normatif Terhadap Proporsionalitas Pemidanaan Pelaku Kekerasan Dalam Rumah Tangga (Studi Putusan No. 2/Pid.Sus/2024/Pn Tegal)

Abstract

This study analyzes the regulation of domestic violence under Indonesian law and evaluates the proportionality of sentencing in Decision No. 2/Pid.Sus/2024/PN Tegal. Using statutory and case approaches, the findings show that although the legal elements of the offense were fulfilled, the sentence of two months and fifteen days imprisonment raises proportionality concerns when compared to the harm suffered by the victim. Furthermore, temporary victim protection under Law No. 23 of 2004 was not optimally implemented. The study emphasizes sentencing grounded in criminal law theory and victim protection principles