Criminal Law Policy in an Effort to Combat Domestic Violence Criminal Acts Based on Justice Values

Abstract

This research is motivated by the complexity of domestic violence, which occurs within the private sphere yet constitutes a violation of human rights and fundamental humanitarian values. From the perspective of the rule of law and Islamic principles, domestic violence contradicts the values of justice (al-'adl), compassion (ar-rahmah), and equality (al-musawah), which should serve as the foundation of family relationships. Although it has been regulated under Law Number 23 of 2004 on the Elimination of Domestic Violence, the implementation of criminal law policy still faces various challenges, particularly in achieving substantive justice for victims. The main issue of this research is how criminal law policy can address domestic violence based on the value of justice. This study employs a normative juridical approach with a descriptive-analytical specification. The data were collected through library research, including primary, secondary, and tertiary legal materials, and analyzed qualitatively using both statute and conceptual approaches. The findings reveal that criminal law policy in addressing domestic violence remains predominantly formalistic and has not fully reflected substantive justice. The criminal justice system has not optimally ensured victim protection and recovery. Therefore, a reformulation of criminal law policy is necessary through a more progressive and justice-oriented approach, including the application of restorative justice, strengthening victim protection, and integrating penal and non-penal policies grounded in the value of al-'adl. In conclusion, criminal law policy based on justice values should not merely emphasize punishment of offenders, but also prioritize victim recovery and social balance, thereby fostering a humane, just, and civilized legal system.