Domestic Violence Court as a New Model for Domestic Violence Cases in Indonesia: A Comparative Study with Australia

Abstract

The development of domestic violence cases in Indonesia in the last six years since 2016 has 259,150 cases. From 2017 to 2022 domestic violence cases are volatile but still exist. The resolution of domestic violence cases in Indonesia currently mostly uses a penal mediation system by prioritizing Restorative Justice. However, solving domestic violence cases using this system has great potential for repeated crimes since it does not have a deterrent effect on the perpetrator. So, this is considered less effective in reducing domestic violence cases in Indonesia. This study aims to examine a new concept idea for courts in Indonesia, namely the Domestic Violence Court which is a special court to handle domestic violence cases. This study uses a comparative study method where the authors use a comparison technique between systems running in Australia and Indonesia. The results of this study show that the implementation of the Domestic Violence Court system in Australia is effective in handling domestic violence cases. Meanwhile, in Indonesia, there is no court system that specifically regulates domestic violence cases. With this model, Indonesia needs to implement a Domestic Violence Court system that prioritizes the rehabilitation of perpetrators, prevents repeated violations, and prioritizes victims as a special court to handle domestic violence cases.