Domestic violence (DV) refers to any act that causes pain or distress, including physical, sexual, and psychological abuse against women within a household environment. The resolution of such cases can be approached using restorative justice, as it aims to restore the well-being of the victim, the perpetrator, and the community harmed by the crime, as well as to prevent further violations or criminal acts. Restorative justice at the police level is regulated by Perpol (Police Regulation) Number 8 of 2021 concerning the handling of criminal acts based on restorative justice. Essentially, resolving domestic violence criminal cases through restorative justice at the police level is permissible, provided that certain material and formal requirements outlined in the regulation are fulfilled.
This study employs a normative legal research methodology that focuses on the verification of the application of legal rules and norms, particularly within positive law. The approach includes legislative examination encompassing the analysis of laws and regulations related to the legal issue. The type of research involves the collection of data and information from literature, including official documents, regulations and norms, books, articles, academic publications, and documents related to the object of study.
The conclusion of this study is that the legal basis for resolving cases through restorative justice includes the Regulation of the Chief of the Indonesian National Police Number 8 of 2021 on the handling of criminal acts based on restorative justice, the Chief of Police’s Letter No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009, concerning case handling through Alternative Dispute Resolution (ADR), the Prosecutor’s Regulation Number 15 of 2020 on termination of prosecution based on restorative justice, and the Supreme Court Regulation Number 1 of 2024 on guidelines for adjudicating criminal cases based on restorative justice. The forms and characteristics of domestic violence criminal acts that can be resolved through restorative justice include physical violence, psychological violence, sexual violence, and household neglect. The eligibility of such cases for restorative justice depends on whether the offense is categorized as mild, moderate, or severe, and not solely on the investigator’s discretion.