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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-03 | 182-188
Original Research Article
Reconstruction of Legal Protection on Women in Law No. 23 of 2004 Concerning Elimination of Domestic Violence Based on Islamic Justice Values
Munifah, Mahmutarom, Jawade Hafidz
Published : March 26, 2021
DOI : 10.36348/sijlcj.2021.v04i03.008
Abstract
This study aims to find and analyze what causes domestic violence (KDRT) in Indonesia which mainly directed at women who become victims and whether it is necessary to reconstruct the law based on Islamic justice values. This research is non-doctrinal legal research or socio-legal research law which uses a statute approach, a case approach, and a comparative approach where the research took place in Klaten and Sukoharjo religious court.The results showed that the religious courts in Klaten and Sukoharjo regarding domestic violence cases in the form of divorce and legal divorce were caused by problems of family neglect, thus the protection of the Domestic Violence Law cannot be in effect. Research in other countries shows high attention to victims of domestic violence with the protection of victims which when compared to Indonesia currently, The weakness of the PKDRT Prevention Law which is not yet fully pro-KDRT victims, especially women, needs to be reconstructed with the addition of articles on the provision of compensation in the form of compensation or restitution for victims of domestic violence. The author concludes that compensation and restitution are needed as an implementation of the values and benefit of Islamic justice as a form of legal protection for victims of domestic violence.
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