Restorative Justice from a Feminist Jurisprudence Perspective in Domestic Violence Cases
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 03
Abstract
This research aims to explore the alignment of the application of the concept of Restorative Justice in handling domestic violence cases in Indonesia with a feminist approach that takes into account the interests and rights of women as victims, which is part of efforts to reform gender-just laws. This is an integral part of the transformation of the legal system in Indonesia towards a more inclusive, just and gender-equitable future. The research method used is normative juridical, with statutory and conceptual approaches and prescriptive data analysis of relevant legal concepts. By emphasizing on several important indicators, namely equal participation, focus on the welfare of victims, access to justice for marginalized voices, criticism of the traditional legal system, and community involvement. Restorative Justice changes the perspective from offender-oriented to victim-oriented. The history of the feminist movement has brought positive changes for women's rights, which points to the need for criminal law reform to improve law enforcement. Future laws should accommodate both approaches: Restorative Justice which focuses on restoring relationships and social integration, and Feminist Jurisprudence which prioritizes gender justice and victim protection. This research emphasizes that by understanding victims' experiences, the law can become a more equitable tool for women. However, the success of Restorative Justice relies heavily on the position of the victim who should be the main focus of the process. Legal policy needs to ensure that the application of Restorative Justice in domestic violence cases does not only focus on the integrity of the household, but also on the effectiveness of punishment in accordance with the social and cultural values of the community. Therefore, it is important to adjust this mechanism in order to protect female victims thoroughly and fairly.
Authors and Affiliations
Siti Syafa Az Zanubiya, Bambang Waluyo, Beniharmoni Harefa
Keywords
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- EP ID EP763026
- DOI 10.47191/ijsshr/v8-i3-38
- Views 11
- Downloads 0
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