Restorative Justice as an Alternative to Punitive Models in Domestic Violence: Challenges and Prospects in Indonesia

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Authors: . Sutoyo, Sigit Irianto, Bambang Joyo Supeno, Afif Noor
Cited by: 0
References: 17

Abstract

Abstract: Domestic violence (DV) remains a serious problem in Indonesia and is a form of human rights violation with a consistently high incidence. To date, the existing legal system relies on a punitive approach, with a primary focus on punishing the perpetrator, while victim rehabilitation efforts are often neglected. This situation has prompted the need for alternatives, such as restorative justice, a more humane approach that focuses on victim recovery, promotes perpetrator awareness, and prioritizes balance in social relations. This study seeks to examine in more depth the various obstacles and opportunities that may exist in implementing restorative justice for domestic violence cases in Indonesia. The study employed qualitative methods, incorporating both normative and empirical legal approaches. Data were analyzed descriptively and analytically. The research findings reveal that the implementation of restorative justice in the context of domestic violence is still hampered by several factors, including the lack of precise regulation in the Domestic Violence Law, resistance from law enforcement officials who are still rigid with old approaches, and a patriarchal culture that often "forces" victims to reconcile without considering justice for them. Nevertheless, opportunities to develop this approach remain open through legal reform, inter-institutional collaboration, optimal victim support, and the utilization of relevant local cultural values. By prioritizing the principles of gender justice and victim protection, restorative justice has the potential to create a justice system that is not only humane but also responsive to the needs of victims, offering a hopeful outlook for the future. Keywords: Restorative justice, Domestic violence, Punitive law, Gender justice, Victim protection.

Fields of Study & Subjects

Legal and Policy Analysis in Indonesia Legal and Social Justice Studies Criminal Justice and Penology

Publication details

Journal / source
OIDA International Journal of Sustainable Development
Pages
141–141
Publication date
29 January 2026
Language
EN