Varia Justicia
Vol 18 No 1 (2022): Vol 18 No 1 (2022)

The Covid 19 Pandemic as a Strain in Increasing Domestic Violence (An Overview of Restorative Justice in Sustainable Crime)

Ni Nyoman Juwita Arsawati (Universitas Pendidikan Nasional)
I Made Wirya Darma (Universitas Pendidikan Nasional)
Ni Gusti Agung Mas Triwulandari (Universitas Pendidikan Nasional)
Dewi Bunga (Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar)



Article Info

Publish Date
29 Apr 2022

Abstract

The COVID-19 pandemic has become a global pandemic that has changed the order of human life in almost all parts of the world. Indonesia is also one of the countries affected by the Covid-19 pandemic. The Indonesian government has established public policies to prevent the spread of the COVID-19 virus, one of which is the policy on limiting community activities by diverting work to be done from home (Work from Home). The pandemic condition has an impact on increasing cases of domestic violence. Various factors can cause domestic violence during the pandemic, the main one is the economic factor. This study aims discusses the Covid-19 pandemic as a "strain" that triggers domestic violence, the state's response to domestic violence, and restorative justice in resolving domestic violence. This research is a normative juridical research that examines the problems of various legal theories. The study was conducted on the prospect of restorative justice in resolving cases of domestic violence as sustainable violence. The analysis was carried out qualitatively. Domestic violence that occurred during the pandemic was caused by "strain" including a decrease to loss of income, boredom from having to be at home, sick conditions and so on. The increasing number of domestic violence cases during the pandemic requires handling using the principle of restorative justice with a penal mediation mode. This problem solving model is carried out by bringing together perpetrators and victims and finding a middle way to solve the problems they face. This out-of-court settlement is believed to be more effective considering that the perpetrator and the victim have an inner relationship based on love that prioritizes the integrity of the household. Restorative justice with penal mediation does not yet have regulators and categories in criminal law, including Law Number 23 of 2004 concerning the Elimination of Domestic Violence, within the limits or levels of violence whose resolution can be carried out using the concept of restorative justice.

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Journal Info

Abbrev

variajusticia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, ...