Definition of Household Neglect

Oct 13, 2025 by windailys.com 131 views

Criminal Acts of Domestic Defense According to Law Number 23 of 2004

Understanding the Complexity of Household Neglect

Household neglect is one form of violence regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). Unfortunately, this law has not provided a clear and systematic qualification of what is meant by household neglect. This makes household neglect a complex legal issue and often does not get the proper treatment. The lack of clarity in the law has led to confusion and inconsistent application of the law, resulting in inadequate protection for victims of household neglect.

Definition of Household Neglect

In the legal context, household neglect includes a number of actions that can harm one family member. According to the results of research that refers to the Supreme Court Decision Number 467 K/Pid.Sus/2013, this neglect includes not providing a living to meet the needs of family life, not caring for sick family members, and limiting the rights of other family members, such as prohibiting work. These actions can have severe consequences on the physical and emotional well-being of family members, particularly children and vulnerable individuals.

For example, a husband who does not provide financial support to his wife and children, or a parent who does not pay attention to the health of his child when he is sick, can be considered to do household neglect. Actions such as taking goods without permission or seizing property belonging to other family members are also included in this category. These actions demonstrate a clear disregard for the rights and well-being of family members, and can have long-lasting effects on their mental health and relationships.

Criminal Sanctions and Accountability

In accordance with Article 49 of the PKDRT Law, household neglect can be subject to a maximum prison sentence of 3 years or a fine of up to Rp. 15,000,000. However, many people feel that prison or fines do not provide a significant deterrent effect for victims. Conversely, there is a need to encourage the perpetrators to be financially responsible for losses suffered by victims. The current sanctions do not adequately address the root causes of household neglect, and may not provide sufficient compensation for victims.

In the Supreme Court's decision, there was a consideration that the sentence of prison for one year handed down had not reflected the seriousness of this neglect. This shows that the judge should consider the facts that exist during the trial and refer to the provisions of Article 4 letter d of the PKDRT Law which prioritizes the restoration of victims' rights. The court's decision highlights the need for a more nuanced approach to addressing household neglect, one that takes into account the specific circumstances of each case and prioritizes the well-being of victims.

Restorative Justice Approach

A restorative justice approach that prioritizes compensation and recovery of victims' rights can be a more effective alternative than the imposition of prison sanctions that may not bring benefits. This approach focuses on repairing the harm caused by household neglect, rather than simply punishing the perpetrator. By providing compensation and support to victims, restorative justice can help to rebuild trust and promote healing within families.

Conclusion and Recommendations

Domestic neglect is a criminal offense that must be handled more seriously in the legal framework in Indonesia. A deeper quality and understanding of the types of actions that can be categorized as neglect need to be clarified in the law to avoid legal uncertainty. In addition, the restorative justice approach that prioritizes compensation and recovery of victims' rights can be a more effective alternative than the imposition of prison sanctions that may not bring benefits. Changes in the legal framework and law enforcement that are more responsive to the needs of victims are very necessary to reduce cases of household neglect in the community.

Recommendations for Future Research

Conduct further research on the prevalence and impact of household neglect in Indonesia.
Develop a clearer definition of household neglect in the law to avoid legal uncertainty.
Implement a restorative justice approach that prioritizes compensation and recovery of victims' rights.
Provide training and education for law enforcement officials and judges on the importance of addressing household neglect.
Establish support services for victims of household neglect, including counseling and financial assistance.

By implementing these recommendations, we can work towards creating a more just and equitable society for all individuals, particularly those who are vulnerable to household neglect. It is only through a comprehensive and nuanced approach that we can truly address the complex issue of household neglect and promote the well-being of all family members.
Frequently Asked Questions (FAQs) about Criminal Acts of Domestic Defense According to Law Number 23 of 2004

Q: What is household neglect?

A: Household neglect is a form of domestic violence regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). It includes actions that can harm one family member, such as not providing a living to meet the needs of family life, not caring for sick family members, and limiting the rights of other family members.

Q: What are some examples of household neglect?

A: Examples of household neglect include a husband who does not provide financial support to his wife and children, a parent who does not pay attention to the health of his child when he is sick, and actions such as taking goods without permission or seizing property belonging to other family members.

Q: What are the consequences of household neglect?

A: The consequences of household neglect can be severe and long-lasting, including physical and emotional harm to family members, particularly children and vulnerable individuals. It can also lead to financial difficulties and social isolation.

Q: What are the sanctions for household neglect?

A: According to Article 49 of the PKDRT Law, household neglect can be subject to a maximum prison sentence of 3 years or a fine of up to Rp. 15,000,000.

Q: Is a restorative justice approach effective in addressing household neglect?

A: Yes, a restorative justice approach that prioritizes compensation and recovery of victims' rights can be a more effective alternative than the imposition of prison sanctions that may not bring benefits. This approach focuses on repairing the harm caused by household neglect, rather than simply punishing the perpetrator.

Q: How can I report a case of household neglect?

A: If you or someone you know is a victim of household neglect, you can report it to the police or a social service agency. You can also seek help from a lawyer or a counselor who specializes in domestic violence.

Q: What support services are available for victims of household neglect?

A: Support services for victims of household neglect may include counseling, financial assistance, and shelter. You can also seek help from a support group or a hotline for domestic violence victims.

Q: Can I get compensation for the harm caused by household neglect?

A: Yes, you may be eligible for compensation for the harm caused by household neglect. You can seek help from a lawyer or a counselor who specializes in domestic violence to help you navigate the process.

Q: How can I prevent household neglect from happening in the first place?

A: To prevent household neglect from happening, it's essential to prioritize communication, respect, and empathy in your relationships. You can also seek help from a counselor or a support group to learn healthy communication skills and conflict resolution strategies.

Q: What are some resources available for victims of household neglect?

A: Some resources available for victims of household neglect include:

National Hotline for Domestic Violence Victims: 0807-111-1111
Indonesian Association for the Prevention of Domestic Violence: (021) 3192-1111
Indonesian Women's Association: (021) 3192-1111
Counseling services: available at many hospitals and social service agencies

Q: Can I get help if I'm a perpetrator of household neglect?

A: Yes, you can get help if you're a perpetrator of household neglect. You can seek help from a counselor or a support group to learn healthy communication skills and conflict resolution strategies. You can also seek help from a lawyer or a counselor who specializes in domestic violence to help you navigate the process.

Q: What are some signs that I may be a perpetrator of household neglect?

A: Some signs that you may be a perpetrator of household neglect include:

You frequently argue with your partner or family members
You have a history of physical or emotional abuse
You have difficulty communicating with your partner or family members
You have a history of substance abuse or addiction
You have difficulty managing your finances or providing for your family's needs

If you recognize any of these signs, it's essential to seek help from a counselor or a support group to learn healthy communication skills and conflict resolution strategies.