DIALECTIC OF RESTORATIVE JUSTICE IN DOMESTIC VIOLENCE CASES: A REVIEW OF THE LEGAL PHILOSOPHY OF PANCASILA

Abstract

Domestic Violence is a serious problem that is still emerging in Indonesia, where conventional criminal law approaches are often considered incapable of providing substantive justice for victims. This study aims to analyze the dialectic of the application of restorative justice in handling domestic violence cases reviewed through the perspective of the legal philosophy of Pancasila. The method used is normative legal research with three approaches, namely the statute approach, the theoretical approach, and the philosophie approach. The results of the study show that there is a dialectical tension between the dominant retributive paradigm in Indonesia's positive legal system and the values of restorative justice inherent in the Pancasila philosophy. The synthesis of these tensions can be found through the reinterpretation of the values of Godliness, Humanity, Unity, Peoplehood, and Social Justice as the normative foundation for the application of restorative justice that does not sacrifice the protection of victims. This article offers an integrative conceptual framework between restorative justice and the philosophy of Pancasila as a solution to reform the law on handling domestic violence in Indonesia.