PENERAPAN PERLAKUAN KHUSUS PEREMPUAN DAN ANAK TERHADAP PENANGANAN PERKARA KEKERASAN DALAM RUMAH TANGGA OLEH KEJAKSAAN (Studi Kasus Kejaksaan Tinggi Riau)

Abstract

Domestic Violence is a classic problem in the world of law and gender. Even
though the legal umbrella to protect victims from domestic violence already exists,
namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, this
has not been enough to anticipate this violence, in this case the need for attention and
legal protection, both the government and law enforcement agencies, as well as from the
community so that it is expected that everyone who hears, sees, or knows about the
occurrence of domestic violence is obliged to take preventive measures and provide
assistance. Actually, what are the causes and what kind of protection for women and
children victims of domestic violence are regulated in Indonesian positive law.
This type of research is sociological legal research conducted at the Riau High
Court. The data sources used are primary data and secondary data. Data collection
techniques were carried out by interviews and literature review. The data were analyzed
qualitatively which produced descriptive data and concluded with a deductive thinking
method.
The result of this study is that access to justice is provided through formal and
non-formal channels. Through formal channels, providing access that fully prioritizes the
interests of women and children, in this case the prosecutor's office which plays a very
important role. Meanwhile, through informal channels, cases involving women and
children, both as perpetrators and as victims, can be resolved through customary
mechanisms or deliberations. The scope of the Prosecutor's Guideline Number 1 of 2021
Concerning Access to Justice for Women and Children in handling this case is the
handling of criminal cases involving women and children who come into contact with the
law at the stages of investigation, investigation, pre-prosecution, prosecution,
examination at trial courts and implementation of court decisions that has obtained
permanent legal force. Then the obstacles faced by the Attorney General's Office in
protecting women and children victims of domestic violence, namely the facilities to
support the implementation of Law Number 23 of 2004 concerning the Elimination of
Domestic Violence are inadequate, such as special closed counseling rooms, so that it
will make it comfortable for victims to tell stories .
Keywords: Domestic Violence - Attorney.