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Beyond Reconciliation: Victim Protection and Islamic Restorative Justice in Indonesian Domestic Violence Cases Hidayati; Rini Fitri Octa Amelia; Asep Suryana; Drs Nasrul, Muhammad Amrullah bin
KALOSARA: Family Law Review Vol. 6 No. 2 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i2.15815

Abstract

A domestic violence case may be declared resolved through reconciliation while the survivor remains unsafe, exposing a fundamental gap between procedural settlement and substantive justice. This study examines how Indonesian domestic violence and restorative justice regulations structure victim protection and institutional accountability, and how Islamic family-law principles of iṣlāḥ, marital justice, and prevention of harm inform the legitimacy of restorative interventions. Using a qualitative socio-legal design, the study examines Law Number 23 of 2004, Police Regulation Number 8 of 2021, Qur’anic provisions, and maqāṣid al-sharī‘ah alongside interviews and reported case-handling figures from Bekasi City Metropolitan Police. Materials underwent descriptive and comparative legal analysis. Of 97 cases recorded under restorative procedures during 2022–2024, 84 were reported as settled. However, inconsistent case classifications and insufficient evidence of post-settlement safety prevent conclusions about substantive effectiveness. Normative findings indicate that iṣlāḥ cannot legitimate reconciliation achieved through coercion or without credible victim protection and offender accountability. The study proposes a victim-centred, harm-sensitive Islamic restorative justice framework integrating protective, participatory, and substantive restorative legitimacy. It contributes to Islamic family law by distinguishing marital continuity from substantive justice and offers evaluative criteria for police, mediators, and victim-support institutions. Future survivor-centred, longitudinal research should assess consent, safety, and recurrent violence. Keywords: Domestic Violence; Islamic Family Law; Maqāṣid al-Sharī‘ah; Restorative Justice; Victim Protection.