THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING DOMESTIC VIOLENCE CASES ACCORDING TO THE CRIMINAL JUSTICE SYSTEM

Abstract

Justice is very difficult to obtain for women, as evidenced by the rise of victims of domestic violence (domestic violence).  The issue of the importance of addressing domestic violence (domestic violence) in the midst of modern society is introduced with various points of view and interpretation of things that can help women to dare to get out of their domestic space. In principle, criminal law does not recognize the existence of a mechanism for resolving criminal acts outside the court, as well as civil law that recognizes the settlement of cases outside the court through mediation. Punishment using the approach of restorative justice (restorative justice) is intended to as much as possible restore the state of the victim of a crime before the event befalls the victim of a crime, not only thinking about how to impose punishment on the perpetrator, but emphasizing the recovery of the losses suffered by the victim and or the community as a result of the.

The objectives of this study are : 1). To determine and analyze the effectiveness of the criminal justice system in resolving domestic violence crimes, it is examined from the perspective of restorative justice. 2). To determine and analyze the form of legal protection against domestic violence settlement in the perspective of restorative Justice for victims.

In this study, the authors will analyze the application of restorative justice in the handling of domestic violence cases according to the criminal justice system by using the method of legislation approach, concept approach, and case approach by analyzing some of the decisions related to this study.

The results of this study can be concluded that restorative justice is not a new mechanism in solving legal problems in a society that is still thick with the customary law system. Cases that can be resolved with this mechanism are cases in the family such as domestic violence (domestic violence). The domestic violence case is a complex case because it involves a husband and wife who are legally bound in a marriage institution, who both work to build a household. Thus, this mechanism is well suited to avoid a breakdown in the family that can continue with a divorce.

Keywords : Restorative Justice, Domestic Violence, Criminal Justice System