The Juridical Overview of Domestic Violence Crime Settlement Based on Restorative Justice in Conjunction with Law Number 23 Year 2004 on the Elimination of Domestic Violence

Abstract

The family is the smallest social unit in society that acts and a great impact on the development of social and personal development of each member of the family. Tension and conflict between husband and wife or parent and child is a natural thing in a family or household, but it becomes natural to resolve the conflicts by using violence. Such behavior can be said on the actions of domestic violence (domestic violence). Indonesia actually have to have a regulation on the subject in Law No. 23 Year 2004 concerning the Elimination of Domestic Violence (domestic violence), but the case of domestic violence continues to increase each year, which raises the idea that the principles of Restorative Justice can be an alternative to the settlement of a criminal act. This thesis will discuss about how to shape the implementation of the principles of Restorative Justice in the completion of the crime of domestic violence as well as the urgency of setting the principles of Restorative Justice related to the completion of the crime of domestic violence based on Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. Writing this paper receipts normative juridical approach using secondary data law made primary, secondary, and tertiary. The data obtained and analyzed qualitatively. The specification is descriptive analysis that comprehensively describe the completion of the crime of domestic violence based Restorative Justice is associated with Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. Conclusion The study says that the form of the Application of Restorative Justice in the completion of the crime of domestic violence carried out by penal mediation process is based on the discretion of the investigator. Related to the philosophical framework, the presence of Restorative Justice approach in criminal law is not intended to abolish the criminal law, or melt criminal law and civil law, as Restorative Justice approach that prioritizes the path of mediation between victims and perpetrators. Restorative Justice approach to restore the function of criminal law at the beginning was to track the function ultimum remedium.