Restorative Justice Criminal Violance in Household

Abstract

The direction of criminal justice in Indonesia is currently experiencing a shift from retributive to restorative rehabilitative or daad-dader-strafrecht or a balance of interests model. The essence of restorative justice is: First, in the settlement of cases of Domestic Violence (KDRT) it is sought so that the perpetrator and his family as well as the victim and his family can sit together to discuss problem solving including recovery to the victim (restitution in integrum). Second, restorative justice is essentially giving punishment to the perpetrator but the punishment is educational in nature so that it benefits both the perpetrator and the victim. Restorative justice is a case settlement that focuses on the direct participation of perpetrators, victims, and the community. Not all criminal acts must be pursued through the trial process. Prioritizing peace through deliberation to reach consensus is an integral mechanism in people's lives. The restorative justice approach can be applied in the law enforcement process so that it will answer various problems in law enforcement against cases of domestic violence that have not yet reflected the principle of justice as a legal goal. The handling of criminal cases is mainly the perpetrators of criminal acts whose losses do not harm the state, instead they are processed, prosecuted, and sentenced in court. In fact, according to the community, criminal cases with small losses are not worthy of being settled in court.