Restorative Justice from a Feminist Jurisprudence Perspective in Domestic Violence Cases

This research aims to explore the alignment of the application of the concept of Restorative Justice in handling domestic violence cases in Indonesia with a feminist approach that takes into account the interests and rights of women as victims, which is part of efforts to reform gender-just laws. This is an integral part of the transformation of the legal system in Indonesia towards a more inclusive, just and gender-equitable future. The research method used is normative juridical, with statutory and conceptual approaches and prescriptive data analysis of relevant legal concepts. By emphasizing on several important indicators, namely equal participation, focus on the welfare of victims, access to justice for marginalized voices, criticism of the traditional legal system, and community involvement. Restorative Justice changes the perspective from offender-oriented to victim-oriented. The history of the feminist movement has brought positive changes for women's rights, which points to the need for criminal law reform to improve law enforcement. Future laws should accommodate both approaches: Restorative Justice which focuses on restoring relationships and social integration, and Feminist Jurisprudence which prioritizes gender justice and victim protection. This research emphasizes that by understanding victims' experiences, the law can become a more equitable tool for women. However, the success of Restorative Justice relies heavily on the position of the victim who should be the main focus of the process. Legal policy needs to ensure that the application of Restorative Justice in domestic violence cases does not only focus on the integrity of the household, but also on the effectiveness of punishment in accordance with the social and cultural values of the community. Therefore, it is important to adjust this mechanism in order to protect female victims thoroughly and fairly.

Authors

Publication Details

Journal
International Journal of Social Science and Human Research
Published
2025-03-27
DOI
https://doi.org/10.47191/ijsshr/v8-i3-38
Citations
2
Primary Topic
Multicultural Socio-Legal Studies
Type
article
Field-Weighted Citation Impact
4.20
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Restorative Justice from a Feminist Jurisprudence Perspective in Domestic Violence Cases

Bambang Waluyo, Beniharmoni Harefa, Siti Syafa Az Zanubiya
2 citations
International Journal of Social Science and Human Research
Multicultural Socio-Legal Studies
4.20
article

Restorative Justice from a Feminist Jurisprudence Perspective in Domestic Violence Cases

Bambang Waluyo, Beniharmoni Harefa, Siti Syafa Az Zanubiya
article en
2 citations

Abstract

This research aims to explore the alignment of the application of the concept of Restorative Justice in handling domestic violence cases in Indonesia with a feminist approach that takes into account the interests and rights of women as victims, which is part of efforts to reform gender-just laws. This is an integral part of the transformation of the legal system in Indonesia towards a more inclusive, just and gender-equitable future. The research method used is normative juridical, with statutory and conceptual approaches and prescriptive data analysis of relevant legal concepts. By emphasizing on several important indicators, namely equal participation, focus on the welfare of victims, access to justice for marginalized voices, criticism of the traditional legal system, and community involvement. Restorative Justice changes the perspective from offender-oriented to victim-oriented. The history of the feminist movement has brought positive changes for women's rights, which points to the need for criminal law reform to improve law enforcement. Future laws should accommodate both approaches: Restorative Justice which focuses on restoring relationships and social integration, and Feminist Jurisprudence which prioritizes gender justice and victim protection. This research emphasizes that by understanding victims' experiences, the law can become a more equitable tool for women. However, the success of Restorative Justice relies heavily on the position of the victim who should be the main focus of the process. Legal policy needs to ensure that the application of Restorative Justice in domestic violence cases does not only focus on the integrity of the household, but also on the effectiveness of punishment in accordance with the social and cultural values of the community. Therefore, it is important to adjust this mechanism in order to protect female victims thoroughly and fairly.

International Journal of Social Science and Human ResearchVol. 08(03)
Openalex Percentile: Top 9%
Multicultural Socio-Legal Studies
4.20
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.