Analysis of Domestic Violence Cases Committed by Wives Against Husbands Based on Feminist Legal Theory Perspectives

Abstract

This research is aimed at studying domestic violence committed by wives against their husbands. This does not
mean that wives are dominant, but there are several reasons why wives commit domestic violence. This study will
analyze two issues, namely the criminal law perspective on domestic violence committed by wives as perpetrators
and the role of feminist legal theory in viewing legal subjects in domestic violence committed by wives. The type
of research used is normative legal research, in which this study is only aimed at concepts, legal principles, legal
principles, and written regulations so that this study is closely related to the literature because it will require
secondary data in legal science literature. This study found that criminal law (positive law) views domestic
violence committed by wives as perpetrators of violence as equal in the eyes of the law. From the perspective of
perpetrators of domestic violence, feminist legal theory does not distinguish between men and women, because the
purpose of feminist legal theory is only to emphasize the subordination of women and to seek to amend the
position and approach of the law towards women and gender. This also supports the author's statement that the law
views perpetrators of domestic violence as equal before the law, whether it is the husband or the wife who is the
perpetrator. Therefore, despite the inherent differences between men and women, the law must ensure protection
and equality for all individuals without discrimination.