EFEKTIVITAS PENYULUHAN HUKUM PIDANA TENTANG KDRT PADA KASUS YANG MELIBATKAN PENYANDANG GANGGUAN JIWA
Keywords:
legal effectiveness; criminal law counseling; domestic violence; persons with mental disorders (ODGJ); empirical legal researchAbstract
This study examines the effectiveness of criminal law counseling on domestic violence (KDRT) in cases involving persons with mental disorders (ODGJ) in Kalangketi Village, Sukomoro Subdistrict, Magetan Regency. Using an empirical legal method with a descriptive-analytical qualitative approach, data were collected through in-depth interviews with fourteen informants selected through purposive and snowball sampling, complemented by participatory observation and documentation study, and analyzed using the interactive model of Miles and Huberman. The findings show that legal protection against violence prevention in Kalangketi Village has not been optimal, hindered by limited budget, a shortage of legal counseling personnel, limited access to mental health services, community stigma, and weak inter-agency coordination. The study further finds that the factors triggering domestic violence among perpetrators without mental disorders are predominantly external (economic pressure, education, alcohol use, patriarchal culture, communication, and stress), whereas among perpetrators with mental disorders the triggering factors are predominantly internal (neurochemical disturbance, psychosis, medication nonadherence, environmental stigma, lack of family understanding, and social isolation). This distinction carries significant implications for criminal accountability, the imposition of sanctions, victim protection, and the design of differentiated legal counseling approaches for each group. Keywords: legal effectiveness; criminal law counseling; domestic violence; persons with mental disorders (ODGJ); empirical legal research.
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