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CONFERENCE PROGRAM AND ICGCS 2021

ABSTRACT BOOK

Gender Law and Human Rights

Customary Criminal Law Policy in the Settlement of Criminal

Acts Through a Restorative Justice Approach in West

Sumatera

Aria Zurnetti, Nani Mulyati

Universitas Andalas

The purpose of law enforcement is increasingly difficult to realize and be felt by the

community. Where the sense of expediency and justice as well as the tendency of

law enforcement officers to only pursue legal certainty has resulted in people

looking for alternatives to solve their own problems. The community views that the

settlement of criminal cases does not reflect the justice of the process and the

judge's decisions due to differences in perceptions of justice by law enforcement

officers and justice seekers. Likewise, the settlement of criminal acts of Domestic

Violence (KDRT) which has been considered problematic in law enforcement.

Public understanding is not optimal in domestic violence, there are some opinions

stating that there is no need to be brought to court, while law enforcement is

guided by the rules of Law Number 23 of 2004 concerning the Elimination of

Domestic Violence, stating that it needs to be processed in criminal justice. Crime

prevention policies can include penal efforts in the form of criminal law and non-

penal in the form of pathways outside of criminal law. West Sumatra, which

adheres to Minangkabau customs, has a philosophy of Adat Basandi Syarak, Syarak

Basandi Kitabullah (ABS-SBK) where this principle refers to Islam. Interesting to be

discussed further in this paper is how the Minangkabau customary criminal law

policy can play a role in resolving the crime of domestic violence through a

Restorative Justice approach by using normative research complemented by the

theory of criminal law and justice policies to answer all the problems faced. The

author wants to know how the non-penal approach can be made effective through

customary settlements involving customary institutions that live and develop in

society.

Keywords: Restorative Justice Approach, West Sumatera, Customary Criminal Law
Policy

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