RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE
Domestic Violence (a.k.a KDRT) has been identified as a form of crime that falls into the category of "hidden crime". Handling through the conventional criminal justice system often faces serious obstacles, especially because victims often experience deep trauma. In addition, when these ca...
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| Format: | Article |
| Language: | Arabic |
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Institut Agama Islam Negeri Bone
2024-12-01
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| Series: | Jurnal Al-Dustur |
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| Online Access: | https://www.jurnal.iain-bone.ac.id/index.php/aldustur/article/view/7399 |
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| author | M. Aaz Jidatul Haz Lalu Muhammad Nurul Wathoni Zulkarnain Zulkarnain Muhammad Maghfurrahman Fathur Baldan Haramain |
| author_facet | M. Aaz Jidatul Haz Lalu Muhammad Nurul Wathoni Zulkarnain Zulkarnain Muhammad Maghfurrahman Fathur Baldan Haramain |
| author_sort | M. Aaz Jidatul Haz |
| collection | DOAJ |
| description | Domestic Violence (a.k.a KDRT) has been identified as a form of crime that falls into the category of "hidden crime". Handling through the conventional criminal justice system often faces serious obstacles, especially because victims often experience deep trauma. In addition, when these cases are presented in court, the justice obtained is often unsatisfactory for both the perpetrator and the victim. As an alternative, the Restorative Justice approach emerged as an attempt to provide a more holistic solution. Restorative justice focuses on returning losses to victims, improving the perpetrator's behavior, and providing opportunities for perpetrators to reintegrate into society without experiencing stereotypes. In the Indonesian context, this research aims to explore more deeply the implementation of restorative justice, including its legal basis, procedures, and carry out analysis using the concept of legal pluralism proposed by Werner Menski. This research is normative juridical in nature, with data collection carried out through documentation studies and interviews. Research findings show that the implementation of restorative justice in Indonesia is supported by a strong legal foundation. However, there are still obstacles in accommodating the three elements of legal pluralism proposed by Menski. In other words, even though restorative justice has been formally recognized, its implementation still needs to be improved to more effectively achieve the desired restorative goals. |
| format | Article |
| id | doaj-art-ba815d2c8cf34e62a653b5ff82a73dd1 |
| institution | OA Journals |
| issn | 2622-5964 2686-6498 |
| language | Arabic |
| publishDate | 2024-12-01 |
| publisher | Institut Agama Islam Negeri Bone |
| record_format | Article |
| series | Jurnal Al-Dustur |
| spelling | doaj-art-ba815d2c8cf34e62a653b5ff82a73dd12025-08-20T02:00:46ZaraInstitut Agama Islam Negeri BoneJurnal Al-Dustur2622-59642686-64982024-12-017219821010.30863/aldustur.v7i2.73992173RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCEM. Aaz Jidatul Haz0Lalu Muhammad Nurul Wathoni1Zulkarnain Zulkarnain2Muhammad Maghfurrahman3Fathur Baldan Haramain4Pascasarjana UIN MataramPascasarjana UIN MataramPascasarjana UIN MataramPascasarjana UIN MataramUniversitas Al-Azhar CairoDomestic Violence (a.k.a KDRT) has been identified as a form of crime that falls into the category of "hidden crime". Handling through the conventional criminal justice system often faces serious obstacles, especially because victims often experience deep trauma. In addition, when these cases are presented in court, the justice obtained is often unsatisfactory for both the perpetrator and the victim. As an alternative, the Restorative Justice approach emerged as an attempt to provide a more holistic solution. Restorative justice focuses on returning losses to victims, improving the perpetrator's behavior, and providing opportunities for perpetrators to reintegrate into society without experiencing stereotypes. In the Indonesian context, this research aims to explore more deeply the implementation of restorative justice, including its legal basis, procedures, and carry out analysis using the concept of legal pluralism proposed by Werner Menski. This research is normative juridical in nature, with data collection carried out through documentation studies and interviews. Research findings show that the implementation of restorative justice in Indonesia is supported by a strong legal foundation. However, there are still obstacles in accommodating the three elements of legal pluralism proposed by Menski. In other words, even though restorative justice has been formally recognized, its implementation still needs to be improved to more effectively achieve the desired restorative goals.https://www.jurnal.iain-bone.ac.id/index.php/aldustur/article/view/7399restorative justicedomestic violencecriminal justice |
| spellingShingle | M. Aaz Jidatul Haz Lalu Muhammad Nurul Wathoni Zulkarnain Zulkarnain Muhammad Maghfurrahman Fathur Baldan Haramain RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE Jurnal Al-Dustur restorative justice domestic violence criminal justice |
| title | RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE |
| title_full | RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE |
| title_fullStr | RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE |
| title_full_unstemmed | RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE |
| title_short | RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE |
| title_sort | restorative justice a new approach to resolving domestic violence |
| topic | restorative justice domestic violence criminal justice |
| url | https://www.jurnal.iain-bone.ac.id/index.php/aldustur/article/view/7399 |
| work_keys_str_mv | AT maazjidatulhaz restorativejusticeanewapproachtoresolvingdomesticviolence AT lalumuhammadnurulwathoni restorativejusticeanewapproachtoresolvingdomesticviolence AT zulkarnainzulkarnain restorativejusticeanewapproachtoresolvingdomesticviolence AT muhammadmaghfurrahman restorativejusticeanewapproachtoresolvingdomesticviolence AT fathurbaldanharamain restorativejusticeanewapproachtoresolvingdomesticviolence |