Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Customary Criminal Law Policy on Domestic Violence Settlement through Restorative Justice in West Sumatra

Author(s): Aria Zurnetti, Nani Mulyati

The purpose of law enforcement is increasingly difficult to realize and be felt by the community. Where the sense of expediency and justice as well as the tendency of law enforcement officers to only pursue legal certainty has resulted in people looking for alternatives to solve their problems. The community believes that the settlement of criminal cases does not reflect the justice of the process and the judge's decisions due to differences in perceptions of justice by law enforcement officers and justice seekers. Likewise, the settlement of criminal acts of Domestic Violence (KDRT) has been considered problematic in law enforcement. Because of the lack of understanding by the public of domestic violence as many believe it needs not be settled in court as prescribed by Law No. 23/2004 on the Elimination of Domestic Violence. West Sumatra, which adheres to Minangkabau customs, has the philosophy of Indigenous Basandi Syarak, Syarak Basandi Kitabullah, Sarak mangato adat mamakai (customs are based on Islam, which is, in turn, is based on the Qur'an. this paper discusses how the Minangkabau customary criminal law policy can help prevent and settle domestic violence through a Restorative Justice approach. This is a socio-legal study drawing on the results of deliberations through interviews with traditional leaders. The results of the study found that customary criminal law policies related to the settlement of domestic violence were through non-judicial settlements. Minangkabau customary criminal law is a law that lives and is adhered to by the Minangkabau community based on the matrilineal system. The rules of life for the Minangkabau community are in the form of customs (adat istiadat) and customary law, which are sourced in Islamic law.

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