DOMESTIC VIOLENCE PERMITTED BY HUSBAND AGAINST WIFE FROM A CRIMINOLOGICAL PERSPECTIVE

Authors

  • Ica Karina Fakultas Hukum Universitas Katolik Santo Thomas
  • Jupri Wandy Banjarnahor Lembaga Kejaksaan Negeri Rokan Hilir

DOI:

https://doi.org/10.61397/ays.v1i2.100

Keywords:

Crime, domestic violence, husband, wife

Abstract

From a perspective, this study aims to ascertain the causes of husbands' violence against wives and attempts to stop such violent acts. The data used to answer the problems in this research was obtained through a literature study by reading, quoting, studying, and reviewing existing literature or materials, as well as laws and regulations related to the problems studied. The research results show that the factors causing violence perpetrated by husbands against their wives are economic factors, partner behavioural factors, and psychological factors. Economic factors are the things that most often trigger domestic violence. This starts with the husband's duty, which should not only fulfil basic needs but also other needs that must be met. Environmental factors, namely the place and social environment, sometimes bring their own colour to a person's life. Psychology is one of the causes of domestic violence because the psychological condition of a wife is different and can also determine the size of the actions taken. Efforts made to overcome violence perpetrated by husbands against wives are preventive, curative, and medical. Preventive measures are social control measures carried out to prevent or reduce the possibility of undesirable things occurring in the future. Curative efforts are efforts to overcome domestic violence or actions taken to treat victims in an integrated manner. Medical efforts are efforts to overcome domestic violence by providing the services of a health worker again to undergo.

Downloads

Download data is not yet available.

References

Anas, A. T., & Budianto, A. A. (2023). ANALISIS BISNIS WARALABA DALAM PERSPEKTIF HUKUM EKONOMI ISLAM. ANAYASA : Journal of Legal Studies, 1(1), Article 1. https://doi.org/10.61397/ays.v1i1.2

Arriaga, X. B., & Oskamp, S. (1999). Violence in Intimate Relationships. SAGE Publications.

Buzawa, E. S., & Buzawa, C. G. (2003). Domestic Violence: The Criminal Justice Response. SAGE.

Coker, D. (2001). Crime Control and Feminist Law Reform in Domestic Violence Law: A Critical Review. Buffalo Criminal Law Review, 4(2), 801–860. https://doi.org/10.1525/nclr.2001.4.2.801

Dobash, R. P., & Dobash, R. E. (2004). Women’s Violence to Men in Intimate Relationships: Working on a Puzzle. The British Journal of Criminology, 44(3), 324–349. https://doi.org/10.1093/bjc/azh026

Dutton, D. G. (1995). The Domestic Assault of Women: Psychological and Criminal Justice Perspectives. UBC Press.

Dutton, D. G., & Nicholls, T. L. (2005). The gender paradigm in domestic violence research and theory: Part 1—The conflict of theory and data. Aggression and Violent Behavior, 10(6), 680–714. https://doi.org/10.1016/j.avb.2005.02.001

Fagan, J. (1992). The Social Control of Spouse Assault. Dalam New Directions in Criminological Theory. Routledge.

Feld, S. L., & Straus, M. A. (1989). Escalation and Desistance of Wife Assault in Marriage*. Criminology, 27(1), 141–162. https://doi.org/10.1111/j.1745-9125.1989.tb00866.x

Frieze, I. H., & Browne, A. (1989). Violence in Marriage. Crime and Justice, 11, 163–218. https://doi.org/10.1086/449154

Globokar, H. W., Cliff Roberson, Julie. (2019). Family Violence: Legal, Medical, and Social Perspectives (9 ed.). Routledge. https://doi.org/10.4324/9780429431661

Iswadi, I., Karnati, N., & Andry B, A. (2023). STUDI KASUS Desain Dan Metode Robert K.Yin. Penerbit Adab.

Karina, I., & Banjarnahor, J. W. (2023). CANCELLATION OF MARRIAGE AND ITS LEGAL CONSEQUENCES IN THE LEGAL SYSTEM IN INDONESIA. ANAYASA : Journal of Legal Studies, 1(1), Article 1. https://doi.org/10.61397/ays.v1i1.99

Kimes, C. L. M., Leigh Ann. (2000). The Social Construction of Violence: The Case of Sexual and Domestic Violence. Dalam Perspectives on Evil and Violence. Psychology Press.

Suk, J. (2006). Criminal Law Comes Home. The Yale Law Journal, 116(1), 2–70. https://doi.org/10.2307/20455713

Walby, S., Towers, J., & Francis, B. (2014). Mainstreaming domestic and gender-based violence into sociology and the criminology of violence. The Sociological Review, 62(S2), 187–214. https://doi.org/10.1111/1467-954X.12198

Zorza, J. (1992). Criminal Law of Misdemeanor Domestic Violence, 1970-1990. Journal of Criminal Law and Criminology, 83, 46.

Downloads

Published

01/03/2024

How to Cite

Karina, I., & Banjarnahor, J. W. (2024). DOMESTIC VIOLENCE PERMITTED BY HUSBAND AGAINST WIFE FROM A CRIMINOLOGICAL PERSPECTIVE. ANAYASA : Journal of Legal Studies, 1(2 Januari), 64–78. https://doi.org/10.61397/ays.v1i2.100