Legal review of the criminal act of neglecting wife and children

Analisis pertanggungjawaban pidana dan upaya pencegahan di wilayah hukum Polres Boalemo

Abstract

This study examines the crime of neglecting wives and children within the household, focusing on the legal consequences for husbands and prevention efforts within the jurisdiction of the Boalemo Police. This issue is important because neglect not only causes economic loss, but also psychological suffering, uncertainty regarding family status, and obstacles to the fulfillment of children's rights. This study used an empirical legal method with a descriptive qualitative approach through literature review, observation, and interviews at the Women and Children Protection Unit of the Boalemo Police. The results show that the UPPA of the Boalemo Police recorded 26 cases of neglect of wives and children between 2018 and October 2022. Husbands who neglect their wives and children can be held criminally responsible under Article 9 in conjunction with Article 49 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, with a maximum imprisonment of three years or a maximum fine of IDR 15,000,000. In practice, the police undertake mediation and victim assistance, but cases can proceed to the investigation stage and be referred to the prosecutor's office if the elements of a criminal act are fulfilled. This research emphasizes the need for proportional law enforcement, increased family law literacy, and strengthened protection for wives and children who are victims of neglect.