Termination of Prosecution Based on Restorative Justice in the Handling of Domestic Violence Crimes
Authors/Creators
- 1. Master of Law, Faculty of Law, UPN "Veteran" Jakarta, Indonesia
Description
This study aims to analyze the implementation of prosecution termination based on restorative justice in Domestic Violence (DV) cases, as regulated in the Indonesian Prosecutor’s Regulation No. 15 of 2020. The research is grounded on the legal opportunity that allows prosecutors to discontinue DV cases when specific conditions are met, including a voluntary reconciliation agreement, the offender’s acknowledgment of wrongdoing, and restitution or recovery for the victim. The urgency of this research lies in balancing formal law enforcement with a more humanistic and victim-centered approach. The study employs a normative juridical method using both statutory and conceptual approaches, supported by literature review. The findings reveal that implementing restorative justice in DV cases faces significant challenges, such as power imbalances, the risk of re-traumatization, and limited regulatory and institutional capacity. Nevertheless, when applied with caution, strict procedures, and adequate legal and psychological support, restorative justice can serve as an effective instrument for achieving true victim recovery, restoring human dignity, and fostering substantive accountability from the offender. This research concludes that restorative justice should not merely be seen as an alternative to prosecution but as a meaningful path toward a more humane and substantial form of justice.
Files
57.pdf
Files
(344.2 kB)
| Name | Size | Download all |
|---|---|---|
|
md5:82e2b86feed324ad78bdfa65d4d72371
|
344.2 kB | Preview Download |