ANALISIS YURIDIS PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA PERNIKAHAN SIRI

Abstract

Marriage is a bond born inwardly between a man and a woman as
husband and wife with the aim of forming a happy and eternal family (household)
based on the One Godhead. Marriage is carried out in front of the marriage
registrar employee so that a marriage certificate is obtained as proof of the
occurrence of marriage. Legal certainty is obtained if the case is decided based
on laws and regulations. Unlike serial marriages that cannot be proven to exist.
Where the marriage is carried out secretly or secretly. So it cannot prove the
marriage really happened or not. When there is violence in a serial marriage,
judges cannot decide cases using the Domestic Violence Law just because they
consider the elements of the household scope as husband and wife without
checking whether the marriage is valid or not according to the Marriage Law.
The purpose of the study is to analyze the settlement of domestic violence crimes
in series marriages in Indonesian positive law and ideally appropriate settlements
in deciding cases of domestic violence in series marriages.
The research method used is normative juridical research using statutory,
case and conceptual approaches.The results showed that if the judge’s
consideration in imposing a crime using article 44 paragraph (1) of the Domestic
Violence Law is not appropriate when related to the Marriage Law, the elements
of the household scope as a married couple according to article 2 paragraph (1)
of the Domestic Violence Law have not been fulfilled because the validity of the
marriage contract they carried out has not been proven in court so that it is not in
accordance with the provisions of article 1 of the Marriage Law. The settlement in
the case is still considered inappropriate because if it is decided by the Domestic
Violence Law, there is no distinction between a valid marriage and an invalid
one. So that the case does not get legal certainty.
Keywords: Domestic Violence, Siri Marriage, Legal certainty.