PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI INDONESIA DAN MALAYSIA

Abstract

Domestic violence (DV) is a legal problem faced by many countries, including Indonesia and Malaysia. Although both countries have legal backgrounds influenced by different legal systems, namely civil law and common law, both have specifically regulated DV in their respective laws and regulations. In Indonesia, provisions regarding DV are regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which provides protection for victims and stipulates sanctions for perpetrators. Meanwhile, in Malaysia, similar provisions are regulated in the Domestic Violence Act 1994 (DVA 1994), which has undergone several revisions to strengthen protection for victims. This study aims to compare the legal aspects between Indonesia and Malaysia in dealing with DV, by reviewing the differences and similarities in definitions, recognized forms of violence, law enforcement procedures, and sanctions imposed. The results of the study indicate that although both countries have the same goal of eradicating DV, there are differences in victim protection mechanisms, the justice system, and provisions for sanctions for perpetrators. In Indonesia, the Domestic Violence Law emphasizes the approach of protecting victims through protection institutions and rehabilitation services. Meanwhile, in Malaysia, the DVA 1994 gives the courts broader authority to issue protection orders, including a ban on approaching victims for perpetrators. This comparison provides insight into the development of legal policies in both countries to increase the effectiveness of protection for victims of domestic violence. By understanding the advantages and disadvantages of each legal system, it is hoped that regulatory updates can be made to create a more optimal protection system for victims of domestic violence.