Friday, January 30, 2009
MK Reject Law on domestic violence Test Materials
JAKARTA - This is a warning to the perpetrators of violence in the household. Anyone, especially her husband, that smart to keep his wife now face sanctions as stipulated in the Law Domestic Violence (domestic violence). Provision can not be bargained again.
That proved Bambang Sugeng Irianto. The man who tried to cancel one of the articles in the Law on domestic violence should receive a disappointment. For application materials testing article 356 paragraph 1 of the Criminal Code of the 1945 Constitution of domestic violence declined Constitutional Court (MK) yesterday.
Chairman of the Assembly Abdul Hakim Mukthie Fadjar, MK Bambang said that application of the Criminal Code related can not be accepted. That was pronouncing verdict in the trial of 42/PUU-VI/2008 in the courtroom MK. In testing materials, Bambang make konstitusionalitas Article 356-1 to the Criminal Code which reads,''Criminal specified in Article 351, Article 353, Article 354 and Article 355 can be added the third, that is, for crimes that do that to her mother, the legal father, his wife or children''.
Bambang said the law was processed using the Criminal Code article by investigators and prosecutors Polresta Kediri Kediri Kejari claimant. According to Bambang, should be used was the Law Number 23 of 2004 on of Domestic Violence in accordance with the principle of lex specialists derogat lex generalis.
Mukhtie said, in the case of any provision of special and general provisions have, indeed that is used is a special provision (principle of lex specialists derogat lex generalis). In addition, the principle of lex posterior derogat Legi priori, that means that the new law override the old law.
''But, for the MK, the second principle is related to the application of the law by the authorities, not the problem konstitusionalitas norm, so that MK is not authorized to assess,''said Mukhtie.
MK also rate, the application Bambang is associated with the application of the law in criminal cases that the court is authorized under the MA and the environment can not be considered to court. ( Yun / agm )