Penerapan Restorative Justice sebagai Perlindungan Hukum Terhadap Korban Kekerasan dalam Rumah Tangga

Abstract

Domestic violence is a form of violation that damages and threatens the security and well-being of individuals. Conventional legal approaches are often inadequate in providing adequate protection to victims of domestic violence. Therefore, the application of Restorative Justice becomes relevant in this context since this approach places the victim as the main subject involved in the conflict resolution process. The purpose of this study is to determine the application and to determine the inhibiting factors of the application of Restorative Justice as legal protection for victims of domestic violence. This research was conducted using empirical juridical methods that looked at approaches to legal studies and phenomena that occurred in the field, especially in Merauke Regency. From the results of the research, it can be said that the implementation of Restorative Justice as legal protection for victims of Domestic violence is good and right. It's just that there are no specific regulations regarding it. Restorative Justice, as we know, has only been adopted and made into rules for each law enforcer and implementation. Restorative Justice has several inhibiting factors, such as the Source, Human Resources (HR), infrastructure, perpetrator and victim, and community factors. The government needs to make special regulations regarding Restorative Justice or insert this restorative concept into the Criminal Code so that each law enforcer has no different views regarding restorative practices.