TINJAUAN PSIKOLOGI HUKUM TERHADAP PUTUSAN HAKIM DALAM TINDAK PIDANA KEKERASAN PSIKIS YANG DILAKUKAN SUAMI KEPADA ISTRI (Studi Kasus Putusan Nomor 36/Pid.Sus/2015/PN Tpg)

  • Intan Satriani Alumni Prodi Ilmu Hukum UMRAH
  • Oksep Adhayanto Dosen Prodi Ilmu Hukum UMRAH
  • Pery Rehendra Sucipta Dosen Prodi Ilmu Hukum UMRAH
Keywords: Psychology of law, Judge verdict, psychic violence

Abstract

The process of proving the domestic violence in the form of psychic abuse is not the same as other forms of violence, because this psychic KDRT does not have a clear benchmark, as psychic injuring does not leave wounds that can be seen with the naked eye like the KDRT physically. In connection with the judge as one of the important actors in deciding on a matter, must comply with the provisions of the law. But it is undeniable that the judge is an ordinary man who has a conscience. Therefore, the judge could not also exclude psychological conditions during the trial especially for this psychic violence. So this research aims to find out the judgment of judges in the criminal offence against psychological violence in the case of Criminal Decree No. 36/Pid. Sus/2015/PN TPG of legal psychology aspect. This research is a normative-empirically descriptive legal research using primary data types and secondary data. In this study, the data collection techniques used were literature research and field research. Further data obtained is then studied, classified, and analyzed further according to the objectives and problems of the research. The results obtained from this study that the considerations of the judges ' law were obtained from the examination process of legitimate evidence that could prove the truth of the facts of the juridical events and facts that were revealed at the trial. In addition, during the process of gaining confidence, judges can also be influenced by several other factors. Essentially, the existence of factors can influence unharshness against the verdict in a criminal act of psychic violence within the scope of the household.

Published
2020-11-30