Legal Study on the Application of Restorative Justice in Cases of Domestic Violence

Abstract

The application of restorative justice in handling cases of Domestic Violence (DV) focuses on legal aspects, victim protection, and the limits of its application within the criminal justice system. Restorative justice essentially aims to restore relationships and resolve conflicts peacefully, but its application in DV cases cannot be done simply due to power relations, economic dependency, and victim vulnerability. This study uses a normative juridical approach by examining statutory provisions, victimology principles, and empirical case management practices. The study results indicate that positive laws, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Regulation of the Chief of Police Number 08 of 2021, provide space for the limited application of restorative justice, particularly in cases that do not result in serious injuries and do not involve sexual violence. However, this application can only be carried out with conditions including risk assessment, victim support, voluntary consent, and guaranteed protection before and after the recovery process. This study emphasizes that restorative justice should not be used as an excuse to ignore law enforcement or allow perpetrators to have impunity. Therefore, the application of restorative justice in domestic violence cases must always prioritize the safety and rights of victims to ensure that the recovery mechanism functions fairly.