| Summary: | Domestic violence is a violation of human rights and a crime, not a mere
legal issue, but it is a social problem that must be addressed and dealt with by
government and society. The exertion of domestic violence prevention is not only
intended to protect individuals in the household, but also a form of protection to
the public. Penal policy is one means of crime prevention, which is considered to
have many flaws and limitations in achieving goals of criminal policy. The real
problem lies not in its existence, but rather lies in the implementation.
This research aimed to determine the implementation of penal policy as the
prevention to the crime of sexual abuse within the domestic sphere in
Banjarnegara Regency and the constraints in implementation. The research
methods in this research is normative empirical, and the data collection techniques
are conducted interviews to informants and literature studies.
The results showed that the implementation of penal policy as the
prevention to the crime of sexual abuse within the domestic sphere in
Banjarnegara Regency has been running pretty well and optimal, it is seen from
the use of Domestic Violence Act and the Child Protection Act in the stage of
inquiry, investigation, prosecution and trial. In addition, protection of victims and
the emergence of a sense of deterrent to offenders and society became one of the
considerations in the implementation of prevention of sexual violence within the
domestic sphere in Banjarnegara Regency. Constraints in the implementation of
penal policy as the prevention to the crime of sexual violence within the domestic
sphere in Banjarnegara Regency are delays in reporting cases, lack of shelter /
safe house, prosecutors lack of personnel, lack of openness from the victim about
the incident, defendant convoluted and public misunderstanding of the Domestic
Violence Act so that many cases are not reported
Keywords : penal policy, crime prevention, domestic violence
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