Muslivani, Agam Rea (2025) Analisis Penerapan Asas Kemanfaatan Hukum dalam Putusan Pengadilan atas Tindak Pidana Kekerasan dalam Rumah Tangga (Studi Putusan Nomor 296/Pid.Sus/2024/PN Mlg). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
This research is motivated by the persistent occurrence of domestic violence (DV) in Indonesia, including in Malang City, which continues to show an increasing trend in reported cases each year. Although Law Number 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT) provides legal guarantees for the protection of victims, its implementation in practice often faces obstacles.The focus of this study is Decision Number 296/Pid.Sus/2024/PN Mlg, in which the panel of judges sentenced the perpetrator of psychological violence against his wife, who was suffering from cancer, to only three months of imprisonment despite strong medical and psychological evidence. The leniency of this verdict raises questions regarding the extent to which the principle of utility was considered in the judges’ reasoning. The research employs a normative juridical method with statutory, case, and conceptual approaches based on the theory of the purposes of law, particularly the principle of utility, which emphasizes victim protection and deterrence.The findings reveal a disparity between the legal ideals embodied in the UU PKDRT
and the reality of judicial practice. The judges’ considerations in this case placed more emphasis on formalistic aspects, thus failing to fully integrate the principle of utility. The decision is regarded as insufficient in providing substantive protection
for the victim, lacking deterrent effect, and potentially undermining public trust in the criminal justice system. Therefore, this study underlines the necessity of strengthening the application of the utility principle in court decisions so that the law truly functions as an instrument of protection, justice, and benefit for victims of domestic violence.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Student ID: | 202110110311163 |
| Keywords: | Domestic violence, principle of utility, UU PKDRT |
| Subjects: | K Law > K Law (General) |
| Divisions: | Directorate of Postgraduate Programs > Master of Law (74101) |
| Depositing User: | 202110110311163 muslivani1 |
| Date Deposited: | 24 Nov 2025 04:53 |
| Last Modified: | 24 Nov 2025 04:53 |
| URI: | https://eprints.umm.ac.id/id/eprint/25313 |
