Legal Analysis of the Use of Mediation in Handling Domestic Violence Crimes

Abstract

Mediation as an alternative form of alternative dispute resolution is beginning to be considered in domestic violence (DV) cases, particularly to achieve more restorative justice. However, the application of mediation in DV cases remains controversial due to its potential to conflict with the principles of legality and legal certainty stipulated in the Criminal Procedure Code (KUHAP) and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The research method used is normative legal research, using statutory, conceptual, and case-based approaches, to examine the extent to which mediation can be implemented without neglecting the rights of victims. The analysis shows that while mediation can be a means of resolution oriented toward restoring family relationships and social rehabilitation, its implementation must be carried out carefully, taking into account the victim's position to avoid trauma. Mediation is only acceptable for mild forms of DV and based on a voluntary agreement between the parties, with supervision by law enforcement officials. Therefore, the application of mediation in handling DV needs to be supported by regulations and implementation guidelines that guarantee legal protection for victims and balanced justice between perpetrators and victims.