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All Journal Journal Evidence Of Law
Manurung, Nora Elida
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Analysis of The Implementation of Restorative Justice in Domestic Violence Cases Manurung, Nora Elida; Maulana Siregar, Abdul Rahman; Ismaidar, Ismaidar
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2240

Abstract

This study aims to analyze the implementation of restorative justice in domestic violence (DV) cases from a positive legal perspective. The approach used is normative juridical, examining legislation, doctrine, and cases. Restorative justice, as an alternative to resolving criminal cases, emphasizes restoring relationships between perpetrators, victims, and the community without neglecting substantive justice. In cases of domestic violence, its implementation faces a dilemma between social recovery and protecting the rights of victims, particularly women and children. The analysis shows that the implementation of restorative justice in DV cases can only be carried out with caution, while still observing the principle of non-discrimination and the victim's right to a sense of security. The effectiveness of restorative justice in DV cases depends heavily on oversight of its implementation.
Co-Authors Ismaidar I, Ismaidar Maulana Siregar, Abdul Rahman