TINJAUAN YURIDIS PENERAPAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA TINGKAT PENYIDIKAN DI POLRES METRO TANGERANG KOTA

Abstract

The purpose of this paper is to find out and analyze the application of Restorative Justice in resolving domestic violence cases, obstacles and how to overcome obstacles in implementing restorative justice in resolving domestic violence cases, and legal justice for resolving domestic violence cases using restorative justice for the parties at the Tangerang City Metro Police. This research uses empirical legal research. In this research, the author examines a case study regarding the application of Restorative Justice in resolving domestic violence cases based on data from interviews and documents at the Tangerang City Metro Police. The results of this research are 1). The implementation of Restorative Justice in resolving domestic violence cases at the Tangerang City Metro Police has been going well according to existing regulations but is not yet optimal. This is because not all incoming cases can be resolved by choosing the Restorative Justice resolution route. Here the police have tried their best but still all the chosen case resolution paths are completely handed over to the parties with the assistance of the process by the police. 2). The obstacles to implementing restorative justice at the Tangerang City Metro Police include the passive nature of investigators, the ego nature of the parties who want to win for themselves, the demands of the reporter not being met and the reported parties not meeting during deliberations. The way to overcome obstacles to restorative justice at the Tangerang City Metro Police is to provide understanding to the parties when they come to report to the Tangerang City Metro Police, and provide additional education to PPA Unit personnel so that investigators can improve their quality and capacity in resolving cases. 3). Legal justice in the implementation of restorative justice for the parties carried out at the Tangerang City Metro Police, namely justice for the reporter, the existence of an agreement and special attention from the police in resolving the case that occurred by giving a deadline and feeling that their rights as women are protected. Meanwhile, legal justice for the reported party is that they are not intimidated by any party, and the process is in accordance with appropriate procedures.

Keywords: Restorative justice, domestic violence, investigation