KAJIAN PERBANDINGAN PENGATURAN DAN MEKANISME PENEGAKAN HUKUM ANTARA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI INDONESIA DAN MALAYSIA

This study aims to analyze and compare the legal regulation of Domestic Violence (DV) in Indonesia and Malaysia, and including its law enforcement mechanisms. Domestic violence is a serious offense that not only causes physical and psychological harm to victims but also threatens the integrity of the family. This research employs a normative juridical method with a comparative law approach, using primary, secondary, and tertiary legal materials. In Indonesia, DV is specifically regulated under Law Number 23 of 2004 on the Elimination of Domestic Violence as a lex specialis to the Criminal Code, reinforced by Law Number 1 of 2023. In Malaysia, DV is regulated under the Penal Code (Act 574) and the Domestic Violence Act 1994 (Act 521), which complement each other in providing criminal provisions and victim protection mechanisms. The findings reveal that while both countries place great importance on addressing DV, Indonesia emphasizes substantive legal protection, whereas Malaysia focuses more on procedural protection through protection orders and expedited law enforcement processes. These differences reflect the characteristics of the civil law system in Indonesia and the common law system in Malaysia, as well as the application of the principle of lex specialis derogat legi generali in each system.