SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

Abstract

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.