ANALISA PENERAPAN ASAS KEPASTIAN HUKUM, KEADILAN, KEMANFAATAN DALAM PUTUSAN HAKIM AGUNG PERKARA KEKERASAN DALAM RUMAH TANGGA SEBELUM DAN SESUDAH UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA(Studi Putusan Hakim Agung Nomor 1133K/Pid/2003 dan Nomor 1698K/Pid/2007)

Abstract

Decision of the judge as a final process in law enforcement, is the most problematic activities, a dilemma, and have a high level of controversy. Many judges decisions that do not meet some aspects of the objectives of the law, the legal certainty aspects, aspects of justice and benefit aspects. This indicated that judges today are more concerned with self interest, not a sense of justice. This writing method of comparative juridical approach, namely primary legal materials Copies of Justice Decision of the Republic of Indonesia, especially regarding the Case Domestic Violence (domestic violence), namely: the decision of Supreme Court justices who were in the period "before" in 2004 and the decision of Supreme Court justices issued " after "years of 2004 to the present. The decision in question is a Decision 1133K/Pid/2003 Tax Justice and Chief Justice Decision No. 1698K/PID/2007. Secondary legal materials used studies of the laws, research findings regarding the legal cases that are considered relevant to the object of research, including the Constitution of the Republic of Indonesia Year 1945, Law No. 23 Year 2004 on Elimination Domestic Violence, and regulations related, and also results of previous research related to the decision of the judge. Tertiary Legal Materials includes, free of law, legal dictionaries, which can clarify the object of research. Then all the legal materials analyzed menggunakah juridical doctrinal techniques, in the sense that the analysis used the knife but also norms of doctrine, especially about justice, expediency and legal certainty. In conclusion, the decision of Supreme Court justices generally do not meet all aspects of the objectives of the law, both aspects of legal certainty, justice aspects and aspects of its utility, because many found negligence of judges in making such decisions. However, the formal aspect of legal certainty and justice can be said to have met some. Keywords: Decision, Judges, Domestic violenc