Realizing Justice: Integration of Customary Law in Mediation of Domestic Violence Cases

Authors

  • Irma Fatmawati Universitas Pembangunan Panca Budi
  • Rahul Ardian Fikri Universitas Pembangunan Panca Budi
  • Mhd Azhali Siregar Universitas Pembangunan Panca Budi
  • Nabilah Syaharani Universitas Pembangunan Panca Budi

Keywords:

Customary Law, Domestic Violence (DV), State Law

Abstract

Domestic violence (DV) is a serious problem that requires effective and fair handling. In the Indonesian context, the existence of customary law as an integral part of the legal system often provides alternative solutions that are more in line with the cultural values ​​of the community. This study aims to explore the role of customary law in mediating domestic violence cases and how the integration of customary law and state law can create justice for victims. The research method used is a qualitative approach with descriptive analysis, involving case studies in several areas that apply customary law in conflict resolution. The results of the study indicate that customary law-based mediation can provide space for constructive dialogue, increase community participation, and better accommodate the needs of victims. However, challenges in harmonizing the two legal systems were also identified, such as differences in perspectives on human rights and women's protection. Therefore, it is important to build a framework that supports the integration of customary law and state law, so that comprehensive justice can be realized for all parties. This study provides recommendations to strengthen the capacity of customary leaders and increase public legal awareness of the importance of collaboration between customary law and state law in handling domestic violence cases.

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Published

2024-08-20

How to Cite

Fatmawati, I., Ardian Fikri, R., Azhali Siregar, M., & Syaharani, N. (2024). Realizing Justice: Integration of Customary Law in Mediation of Domestic Violence Cases. 1St International Conference Epicentrum of Economic Global Framework, 1(1), 375–381. Retrieved from https://proceeding.pancabudi.ac.id/index.php/ICEEGLOF/article/view/112