RECONSTRUCTION OF PENAL LAW IN DEALING WITH DOMESTIC VIOLENCE IN JUSTICE-BASED JUDICIAL PROCESSES

Violence against women that occurs in households in Indonesia until now is still quite high and therefore needs attention. Seeing from the problem presented above, the writer is interested in studying it more deeply in this article and formulating the main problem discussed in this article with the main problem studied to Why is it that the enforcement against domestic violence in Indonesia isnt effective and what is the reconstruction of Domestic Violence law enforcement in Indonesia based on justice? The study was studied using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows the law enforcement of Domestic Violence is not optimal because of gender-based violence, increasing, both the number and form and mode of operation are increasingly diverse. Factors causing the occurrence of gender-based violence, are very complex and are interrelated. These factors include legal instruments that have not been able to provide protection to victims, the concept that women belong to the family (assets), media that do not support reporting on violence against women and children, public services that have not been optimal, and customs that sometimes legalizing violence, poverty problems, wrong interpretation of religious teachings, all of which are wrapped up in patriarchal culture. Therefore, it is necessary to do a legal reconstruction in which not only the substance (written law) but also the structure (enforcement institutions) and the culture of its people.