Penanganan Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga Melalui Restorative justice Di Kota Prabumulih

Abstract

The restorative justice approach in the settlement of a crime provides an opportunity for the parties involved, especially the perpetrators and victims, to participate in the settlement of cases. However, for the settlement of domestic violence crimes, there are still many who use retributive, not restorative, criminal law settlements. The purpose of this research is to find out and analyze the legal basis of restorative justice in the settlement of crimes of domestic violence and law enforcement practices of crimes of domestic violence in Indonesia using restorative justice instruments. The type of research in writing this thesis is a Normative Juridical research method which is a library research. Based on the research, it was concluded that the legal basis for the application of restorative justice in domestic violence crimes, namely the existence of PERMA (Supreme Court Regulation), PERKAB (Police Chief Regulation), PERJA (Head Prosecutor's Office Regulation), and Memorandum of Understanding with Chief Justice of the Supreme Court of the Republic of Indonesia, Minister Law and Human Rights of the Republic of Indonesia, Attorney General of the Republic of Indonesia, Chief of the National Police of the Republic of Indonesia. While the practice of law enforcement for crimes of domestic violence in Indonesia and Prabumulih City using restorative justice instruments influences several law enforcement factors, namely legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. Where legal factors and community factors are the most difficult factors to achieve in the practice of implementing restorative justice for crimes of domestic violence, because there is no law that discusses restorative justice for crimes of domestic violence, and many people still do not know regarding restorative solutions. So that society only focuses on punishment (retribute) not restorative.