PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA KEKERASAN DALAM RUMAH TANGGA DI PENGADILAN MILITER III-12 SURABAYA

Abstract

This research is motivated by the policy of restorative justice within the Indonesian criminal justice system, particularly following the enactment of Supreme Court Regulation Number 1 of 2024 and Supreme Court Circular Letter Number 2 of 2024. The application of restorative justice in domestic violence (KDRT) cases within the military judiciary has distinct characteristics, as it takes into account discipline and the chain of command. This study aims to analyze both the implementation and the failures of restorative justice at the Military Court III-12 Surabaya. The method used is empirical legal research with statutory and case approaches, analyzed qualitatively. The results show that the implementation of restorative justice has referred to the applicable regulations; however, it still faces obstacles related to the parties’ understanding, institutional considerations, and power relations.In conclusion, the implementation of restorative justice is possible as long as it fulfills normative requirements and continues to ensure victim protection, with the need for technical guidelines and capacity building for law enforcement officials.