RESTORATIVE JUSTICE APPROACH TO VICTIM OF GENDER VIOLENCE

Abstract Gender-based violence is a form of human rights violation that impacts not only the physical health of victims but also their psychological, social, and economic well-being. To date, the handling of gender-based violence cases in the criminal justice system has tended to focus on punishing the perpetrator, while the victims' recovery needs are often under-recognized. Therefore, the restorative justice approach presents an alternative that emphasizes recovery, dialogue, and the perpetrator's responsibility for the impact of their actions. This study aims to analyze the application of the restorative justice approach to the protection and recovery of victims of gender-based violence and to examine its relevance within the Indonesian legal system. The research method used is normative legal research with a legislative and conceptual approach, supported by a literature review related to gender-based violence and restorative justice policy. The results indicate that restorative justice has the potential to provide a safer space for victims to share their experiences, gain recognition for their suffering, and obtain just redress. However, its application to cases of gender-based violence requires caution, particularly to prevent re-victimization, unequal power relations, and pressure on victims. Therefore, the implementation of restorative justice must be accompanied by principles of victim protection, professional assistance, and clear regulations. This study concludes that a restorative justice approach can be a complementary instrument in addressing gender-based violence as long as it is placed within the framework of protecting victims' rights and does not neglect law enforcement against perpetrators.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-06-18
DOI
https://doi.org/10.5281/zenodo.20744744
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

RESTORATIVE JUSTICE APPROACH TO VICTIM OF GENDER VIOLENCE

Henny Saida Flora
Zenodo (CERN European Organization for Nuclear Research)
Indonesian Legal and Regulatory Studies
article

RESTORATIVE JUSTICE APPROACH TO VICTIM OF GENDER VIOLENCE

Henny Saida Flora
article en

Abstract

Abstract Gender-based violence is a form of human rights violation that impacts not only the physical health of victims but also their psychological, social, and economic well-being. To date, the handling of gender-based violence cases in the criminal justice system has tended to focus on punishing the perpetrator, while the victims' recovery needs are often under-recognized. Therefore, the restorative justice approach presents an alternative that emphasizes recovery, dialogue, and the perpetrator's responsibility for the impact of their actions. This study aims to analyze the application of the restorative justice approach to the protection and recovery of victims of gender-based violence and to examine its relevance within the Indonesian legal system. The research method used is normative legal research with a legislative and conceptual approach, supported by a literature review related to gender-based violence and restorative justice policy. The results indicate that restorative justice has the potential to provide a safer space for victims to share their experiences, gain recognition for their suffering, and obtain just redress. However, its application to cases of gender-based violence requires caution, particularly to prevent re-victimization, unequal power relations, and pressure on victims. Therefore, the implementation of restorative justice must be accompanied by principles of victim protection, professional assistance, and clear regulations. This study concludes that a restorative justice approach can be a complementary instrument in addressing gender-based violence as long as it is placed within the framework of protecting victims' rights and does not neglect law enforcement against perpetrators.

Zenodo (CERN European Organization for Nuclear Research)
Universitas Katolik Santo Thomas (ID)
Gender equality
Openalex Percentile: Top 2%
Indonesian Legal and Regulatory Studies
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RESTORATIVE JUSTICE APPROACH TO VICTIM OF GENDER VIOLENCE — Henny Saida Flora · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS