Reformulation of Criminal Sanctions for Perpetrators of Domestic Violence in the Modern Era

Abstract

This study aims to assess the effectiveness of punishment for perpetrators of domestic violence (DV) based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Furthermore, this study aims to develop a concept for reformulating sanctions that better align with the legal demands of today's society. The method used in this study is a normative legal method with an approach encompassing legislation, concepts, and comparisons. The data used were obtained through a literature review covering primary, secondary, and tertiary legal materials, and analyzed using descriptive qualitative analysis to identify deficiencies in the legal substance and patterns of sanction application in court practice. The results of the analysis indicate that criminal penalties in the DV Law still focus on a retributive perspective and do not include restorative and rehabilitative values. As a result, these sanctions are ineffective in creating a deterrent effect or in preventing recurrence of violence. The findings of this study emphasize the need to develop criminal sanctions that integrate a restorative justice approach. This approach will emphasize the moral responsibility of the perpetrator, recovery for the victim, and strengthening the family as a social unit. This reformulation is expected to produce a more humane criminal law system, capable of adapting to developments over time, and focused on substantial justice.