ANALISIS YURIDIS TERHADAP PENDEKATAN RESTORATIVE JUSTICE DALAM PENANGANAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KEJAKSAAN NEGERI LABUHANBATU

EDY PANE, NPM 2112100005 (2023) ANALISIS YURIDIS TERHADAP PENDEKATAN RESTORATIVE JUSTICE DALAM PENANGANAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA DI KEJAKSAAN NEGERI LABUHANBATU. Masters thesis, Universitas Labuhanbatu.

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Abstract

The state and society, in this case are obliged to carry and prevention and protection of victims of domestic violence in accordance with the views of the pancasila and the 1945 Constitution, that the state has principles, all forms of violence in the family are violations of human rights and crimes against human dignity, as well as discrimination according to what is stipulated in article 28 G (1) of the 1945 Constitution which explains, Everyone has the right to personal and family protection, honor and property under his control and is entitled to asense of security and protection from threats of fear to do or not to do something which is human right. So that today’s dinamics show that physical acts of violence, specifically violence perpetrated by husbands against wives. In fact, still often occur, so adequate legal instruments are needed to eliminate violence and provide legal protection for victims who have experienced this violence. So the problem in this thesis research is how are the limits on acts of domestic violence that can be resolved through a restorative justice approach, the aim is so examine and analyze the boundaries of acts of domestic violence that can be resolved through a restorative justice approach. As for the type of research used in this study is a normative legal research method supported by empirical data with the interview method as a secondary data in this study, while the results of this research are related to form of domestic violence with abbreviation (KDRT) which have been determined in Article 5 law no. 23 of 2004 which consists of physical violence, psychological violence, sexual violence, and neglect of people in the household with legal theories and statutory provisions. So that the process of resolving domestic violence through restorative justice can be used in the non-adjudication mthod outside the court through penal mediation which is carried out at the police level as well as within the Labuhanbatu district attorney’s office through a win-win solution for peace between perpetrators and victims in accordance with prosecutor’s regulation No. 15 of 2020 this policy is crucial considering that the prosecutor’s office (prosecutor) has a strategic position and role in the law enforcement process within the framework of an integrated criminal justice system as a master of process or dominus litis, one of whose functions is to screen a criminal case and determine whether or not a criminal case should be forwarded trial by taking into account legal objectives, and then if the same act has been carried out repeatedly by the perpetrator, then through non-penal mediation the Labuhanbatu Presecutor’s Office is actually not allowed to apply restorative justice so that the realm of settlement is through the Rantauprapat District Court or other District Courts which is the scope of the domestic violence case so that the court acts as a mediator with the consensus model, namely a model that emphasizes dialogue between disputants to resolve the problem. So the conclusion of this research is that the process of resolving domestic violence crimes through a restorative justice approach can be carried out in the form of non-adjudication through a mediation process and through adjudication through the realm of the courts. Restorative justice in order to accommodate the rights of victims to obtain justice and legal benefits. Keywords : Juridical Analysis, Restorative Justice, Domestic Violence, Attorney

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Juridical Analysis, Restorative Justice, Domestic Violence, Attorney
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with email repository@ulb.ac.id
Date Deposited:	04 Nov 2024 09:25
Last Modified:	04 Nov 2024 09:25
URI:	http://repository.ulb.ac.id/id/eprint/1203

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