Restorative Justice in the Termination of Prosecution in Domestic Violence Cases: An Islamic Criminal Law Perspective

Abstract

Domestic violence remains a serious legal and social problem in Indonesia, requiring case-resolution mechanisms that protect victims while accommodating restorative objectives. This study examines the termination of prosecution in the Miswaruddin domestic violence case through Prosecution Termination Decree No. PRINT-901/L.2.28.3/Eku.2/09/2025 and assesses its conformity with Regulation of the Prosecutor’s Office of the Republic of Indonesia No. 15 of 2020 and principles of Islamic criminal law. The study employed normative legal research using statutory and case approaches, supported by document and literature review. The analysis found that the case materials recorded reconciliation between the parties, the suspect’s first-offender status, support from community and religious leaders, and considerations concerning the children and family continuity. However, the available manuscript did not contain sufficient documentary detail to determine conclusively whether Article 44 paragraph (1) or paragraph (4) of the Domestic Violence Law applied or to independently verify every procedural approval stage. From an Islamic criminal law perspective, the restorative mechanism is relevant to ṣulḥ, taʿzīr, maṣlaḥah, and maqāṣid al-sharīʿah insofar as voluntariness, victim safety, accountability, and the prevention of repeated violence remain primary considerations.