Restorative Justice in Domestic Violence Cases: A Normative Study of The Sentencing Paradigm Under Indonesia's Law Number 1 of 2023 on The Criminal Code

Abstract

Enactment of Indonesian Criminal Code introduces a sentencing paradigm emphasizing crime prevention, offender rehabilitation, conflict resolution and restorative justice. However, applying Restorative Justice remains problematic because it must be balanced with victim protection principles. The findings indicate that current practice prioritizes reconciliation and case closure over offender rehabilitation, victim protection and the prevention of repeated violence. Inadequate eligibility criteria, limited risk assessment and weak post-settlement monitoring undermine restorative objectives. Therefore, this study proposes a Victim-Oriented Restorative Justice Model integrating informed victim consent, risk assessment, offender rehabilitation, post-settlement monitoring and recidivist exclusion to strengthen legal certainty, justice and sustainable victim protection.