The imposition of criminal sanctions on perpetrators of domestic violence following the enactment of the New Indonesian Criminal Code: A study at the Medan district court

Riswan Munthe () and Aditya Ahmad Yuandi Pasaribu ()
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Riswan Munthe: Universitas Medan Area
Aditya Ahmad Yuandi Pasaribu: Universitas Medan Area

Priviet Social Sciences Journal, 2026, vol. 6, issue 7, 520-530

Abstract: This study aims to examine the legal framework governing perpetrators of domestic violence in Indonesia, to compare the legal provisions of the Law on the Elimination of Domestic Violence and the New Indonesian Criminal Code (New Penal Code) regarding domestic violence, and to analyze the implementation of criminal sanctions against perpetrators following the enactment of the New Criminal Code. This research employs a normative juridical method using statutory and conceptual approaches. The data were collected through library research involving primary, secondary, and tertiary legal materials, supported by direct interviews with a judge of the Medan District Court as complementary empirical data. The findings reveal that, first, the adjustment of criminal fines has been implemented through Law Number 1 of 2026, which converts monetary fines denominated in Indonesian Rupiah into a categorized fine system. Second, with regard to the severity of criminal sanctions, the Law on the Elimination of Domestic Violence generally prescribes harsher penalties than the New Criminal Code for comparable offenses and provides comprehensive protection of victims' rights, which are not explicitly regulated under the New Criminal Code. Third, in imposing criminal sanctions following the enactment of the New Criminal Code, judges are required to consider eleven sentencing factors as stipulated in Article 54 of the New Criminal Code, including forgiveness granted by the victim, the impact of punishment on the offender's future, and the prevailing values of justice within society. Furthermore, pursuant to Article 53 of the New Criminal Code, judges are required to prioritize substantive justice over legal certainty and may impose alternative sanctions, such as community service orders or supervisory probation, for minor to moderate domestic violence cases in order to preserve family unity while ensuring a deterrent effect.

Keywords: Sanctions; domestic violence offenders; domestic violence; New Indonesian Criminal Code (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:prv:pssjpv:2092

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DOI: 10.55942/pssj.v6i7.2092

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