Investigators attempt to act as mediator / facilitator in the conflict of law between the defendant and the victim in cases of child neglect in Lampung Police opened a new discourse in the enforcement of criminal law. The old paradigm, criminal law enforcement dominated the state’s role to punish the perpetrators for the criminal law is positioned as a public law to protect the public interest.
In the euphoria of law enforcement and protection of human rights, there is the legislative process leading to the domestic domain (the family / household). Product legislation relating to the private domain (the family), among others, Law no. 23 Year 2004 on the Elimination of Domestic Violence. Law is a new phenomenon that gives authority to the state “intervene” private matter. Previously the domain of the private affairs of an autonomous domestic law in accordance with the adage “the criminal law stalled in front of the bedroom door.”
Relationships within the family, namely the rights and obligations of husband, wife, and Ana-child, is a sterile area households from the interference of the criminal law. The family is full of good fortune which upheld the sacred promise institutions.
Publication of the Child Protection Act also invite state interference in the legal issues between husbands, wives, and children, who previously sealed as a family problem. Any conflict among members of the family, the family that overcome them because of family conflict is a private matter so airings private problems into public space into a family disgrace.
Enforcing the criminal law is not the same as applying the law text, but should explore the “objective meaning and purpose of the law” behind the text. If the concept of rule of law can only apply the formulation of sound laws are subsume text, the end result is only limited confirmation text enactment of laws, without considering the impact and purpose of law enforcement that led to the formal-procedural fairness. It could even happen paradox of law enforcement, namely the collapse of the joints of family harmony, the outbreak of the ark households, breakdown of family unit, only a sense of revenge in Garfunkel. Who would benefit?
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Posted in Family Mediation | 
Tags: Criminal law, Domestic violence, Lampung, Law, Lawyer, Legal Information, Police, Services