KEBIJAKAN PENAL UPAYA PENANGGULANGAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KABUPATEN BANJARNEGARA: STUDI KASUS KEKERASAN SEKSUAL

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 violenc