Legal Protection For Victims Of Psychic Violence In The Household Reviewed From A Human Rights Perspective

Abstract

The high number of cases of psychological violence in the household indicates that legal protection for victims still faces obstacles in law enforcement and victim recovery from a human rights perspective. The ineffectiveness of the implementation of legal protection mechanisms for victims of psychological violence in the household is because victim complaints are still dominated by the National Commission on Violence Against Women and partner service institutions, while follow-up through law enforcement mechanisms and psychological recovery has not been implemented. This study aims to analyze the forms and mechanisms of legal protection for victims of psychological violence in the household from a human rights perspective. This study uses a normative research type, with secondary data sources in the form of primary legal materials, secondary legal materials, and tertiary legal materials, the data obtained are collected through documentation studies, then analyzed using qualitative methods. The results of the study indicate that the forms and mechanisms of legal protection for victims of psychological violence in the home that are not reviewed from a human rights perspective are normatively regulated in Article 10 and Article 16 - Article 25 of the Domestic Violence Law through temporary protection, health services, legal aid, assistance, and protection orders from the court. However, this protection has not been implemented effectively because psychological violence is still seen as a domestic issue that is difficult to prove, so that protection for victims still stops at the stage of complaints to the National Commission on Violence Against Women and partner service institutions without being followed by a law enforcement mechanism by law enforcement officers, and there is no ongoing psychological recovery. This shows that the state's obligation to protect and fulfill the rights of victims has not been optimally implemented, so that victims' rights to legal certainty, a sense of security, and recovery of their mental health have not been fully guaranteed.