Reconstruction of Legal Protection for Victims of Domestic Violence in A Justice-Based, Victim-Oriented Criminal Justice System

Abstract

Domestic violence (DV) remains a form of human rights violation that requires comprehensive legal protection. Although Indonesia has various legal instruments, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, and the Criminal Procedure Code, their implementation has not been able to provide effective protection for victims at every stage of the criminal justice process. This study aims to analyze the reasons why the legal protection system for victims of domestic violence has not been able to realize a victim-oriented criminal justice system and formulate a reconstruction of an ideal legal protection system based on justice. The study uses a normative legal research method with a legislative approach, a conceptual approach, and a case approach. The analysis was conducted on legislation, doctrine, court decisions, and various relevant literature using descriptive-prescriptive qualitative analysis. The results of the study indicate that the weaknesses of the legal protection system for victims of domestic violence are caused by the fragmentation of legal substance, less than optimal coordination between law enforcement agencies, and a legal culture that is still influenced by a patriarchal paradigm and is oriented towards the perpetrator. Therefore, it is necessary to reconstruct the substance of the law through harmonization of regulations and strengthening of victims' rights at every stage of criminal procedural law, reconstruct the legal structure through increased capacity of the apparatus, integrated services, and inter-institutional coordination, and reconstruct the legal culture through strengthening the perspective of victim protection. This reconstruction is expected to be able to create a victim-oriented religious justice system (victim-oriented criminal justice system) based on justice, so that the protection, participation, and recovery of domestic violence victims can be implemented effectively.