1.

Explain the severity / degree of injury in accordance with applicable law

The protection of Domestic Violence Victims in the Indonesian Criminal Law. The
existence of the Law No. 23 Year 2004 on the Elimination of Domestic Violence are
expected to provide legal protection for victims of domestic violence (KDRT)
significantly.

Pasal 44
1. Anyone committing physical violence within the home the ladder as referred to in
Article 5 letter a shall be criminalized with a maximum imprisonment of 5 (five)
years or a maximum fine of Rp 15.000.000,00
2. In the case of the acts referred to in paragraph (1) result the victim gets sick or
severely injured, is punished by imprisonment a maximum of 10 (ten) years or a
fine of not more than Rp 30.000.000,00
3. In the case of an act as referred to in paragraph (2) resulted the death of the victim,
shall be sentenced to a maximum imprisonment of 15 (fifteen) years or a maximum
fine of Rp 45,000,000.00
4. In the case of the acts referred to in paragraph (1) shall be done by husband against
wife or otherwise that does not cause illness or obstacles to performing employment
or livelihood work or daily activities, shall be punished with imprisonment for a
maximum of 4 (four) month or a fine of not more than Rp 5.000.000,00

Pasal 46
Anyone who commits a sexual assault act referred to in Article 8 letter a shall be
liable to a maximum imprisonment of 12 (twelve) years or a fine of not more than Rp
36,000,000.00.

A degree of wound severity was arranged on KUHP.

a. Mild injury is the formulation of the law on minor maltreatment provided for in
article 352 (1) of the Criminal Code states that "non-infectious persecution or
barriers to perform work or search, are threatened, as light maltreatment". So if the
wound on a victim will be perfect and not cause disease or complication, then it will
be included in that category.
Article 352 can be seen in below :
 (1) Except as mentioned in the articles 353 and 356, Persecution/maltreatment that does
not cause illness or obstacles to run a job or job search, shall be threatened, as minor
maltreatment, with a maximum imprisonment of three months or a fine of four
thousand five hundred rupiah . Criminal can be added one-third for the person who
committed the crime against the person who works for him, or become his
subordinate.
(2) Trials to commit this crime shall not be criminalized.
b. Moderate injury: Furthermore the legal formulation of the persecution (medium) in
Article 351 (1) of the Criminal Code does not reveal anything about the disease. If
you check a victim and do a "disease" of violence, then the victim will fall into that
category.
Article 351 and 353 can be seen below :
o Article 351 KUHP
(1) Persecution/maltreatmet shall be subject to imprisonment of a maximum of two
years and eight months or a fine of four thousand five hundred rupiah,
(2) If the act resulted in serious injury, the guilty party shall be punished with a
maximum imprisonment of five years.
(3) If resulted in death, threatened with imprisonment maximum of seven years.
(4) With mistreatment deliberately deliberate damaging health.
(5) Trials to commit this crime shall not be criminalized.
o Article 353
(1) Persecution with prior plan, threatened with imprisonment maximum of four
years.
(2) If the act resulted in severe injuries, the guilty person is imposed a maximum
imprisonment of seven years.
(3) If the act involves a guilty death sentenced to a criminal prison maximum of nine
years.
c. Severe injury, in article 90 KUHP, severe injury means: to fall ill or to have a wound
that gives no hope of healing at all, or that creates a danger of death; incapable of
continuing to perform job duties or job searches; lose one of the senses; got severely
deformed; suffered from paralysis; disruption of power over four weeks; death or
death of a woman's contents. the legal formulation of seriously injured lawsuits in
article 351 (2) of the Criminal Code which states that if it deals with serious injuries,
the guilty party shall be threatened with a maximum of five years ".
 Based on the scenario the wound is cathegorized into mild injury because of wounds
not cause illness or obstacles to run a job or job search. So the prepetrator shall be
threatened with a maximum imprisonment of three months or a fine of four thousand five
hundred rupiah.

Reference :
Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 Tentang Penghapusan
Kekerasan Dalam Rumah Tangga

LA Janna, 2014. Perlindungan dalam Korban Kekerasan pada KDRT Vol 2. No.2.
Jakarta