Implikasi Yuridis Pencabutan Kekuasaan Orang Tua Dalam Kasus Pidana Kekerasan Dalam Rumah TanggaTerhadap Anak

Abstract

Many cases of domestic violence against children whose perpetrators are their parents. In das sollen, in the case of parents (one or both) neglecting their obligations or misbehaving, the power over the child can be revoked through a court decision. The purpose of this article is to find out how the implications for parental authority convicted due to domestic violence against children. This article used normative juridical research method and descriptive research specifications. The results showed the Judge's decision only indirect protection, namely by imposing criminal penalties on perpetrators, but there is no civil punishment, so that parents still have obligations as holders of parental authority, namely self-supervision of children and their property. Article 50 of the Domestic Violence Law stated that Judges can impose additional criminal penalties in the form of restrictions on the movement of the good perpetrators who aim to keep the offender from the victim within a certain distance and time. This is the basis for the judge to forbid the offender from exercising parental authority. Juridical implication in the civil sphere is revocation of parental authority, Judge's consideration can refer to Article 49 of the Marriage Law.