ANALISIS YURIDIS PUTUSAN HAKIM PADA PELAKU TINDAK PIDANA KDRT (PUTUSAN NOMOR 220/PID.SUS/2023/PN.TJB)

Abstract

This study analyzes the Judge's Decision Number 220/Pid.Sus/2023/PN Tjb, which imposed a prison sentence of 1 year and 4 months on a perpetrator of psychological Domestic Violence (KDRT). The central issue in this study is that the verdict is considered too lenient, given that the defendant is a recidivist and his actions inflicted profound trauma on the child victim. This study aims to understand the juridical analysis of the decision from the perspective of substantive justice and to analyze the regulation of recidivism under the New Criminal Code (Law Number 1 of 2023). The research method employs a normative juridical approach, utilizing statutory, case, and conceptual approaches. The results demonstrate that although the decision met the formal juridical aspects, the imposed sanction fails to reflect substantive justice centered on the victim (victim-centered justice). Compared to similar court decisions, this sentence is deemed extremely light for a recidivist. On the other hand, the New Criminal Code now adopts a general recidivism system, under which the re-commission of a criminal offense within a five-year period can be subjected to an enhanced penalty of an additional one-third of the maximum threatened sentence.