Penal Mediation Utilization in Handling of Household Negligence Cases in the Perspective of Family Court Establishments in Indonesia

Abstract

Household negligence cases is one form of domestic violence, the handling still use the law of criminal procedure similar with criminal cases in general on household negligence cases it is closely associated with the interests of children who need to be protected, whereas in the juvenile justice system has its own distinct set by case in general.Household negligence cases very closely related to maintaining the integrity of the household as the purpose of the enactment of the Law of the Republic of Indonesia No. 23 Year 2004 of Household negligence elimination is more precise handling done with the penal mediation so that criminal punishment to the perpetrators of neglect actually beneficial both for the offender, victim and community.In judicial practice, Household negligence many cases prosecuted in retaliation for a lawsuit by his wife for divorce and is usually in the divorce process, husband does not provide for his family, then it is used by his wife to report that her husband had done neglect. Thus Household negligence cases are in the realm of civil and criminal penal mediation so that the model is an appropriate way in the handling of these Household negligence cases.Effort in the handling of child protection Household negligence cases so the family case management perspective is more appropriately done by judges who are competent as well as judges and child neglect cases into one group with the juvenile justice as a special family court.

Keywords: penal mediation, household negligence, family court