RESOLUTION OF CRIMINAL VIOLENCE IN THE HOME RESULTING IN DIVORCE FROM A HUMANISTIC LEGAL PERSPECTIVE

Abstract

Currently, many divorces are caused by domestic violence. Domestic violence is a violation of human rights and a crime against human dignity that has a serious impact on family integrity. This study aims to analyse the resolution of DV crimes that lead to divorce from a humanistic legal perspective, namely a legal approach oriented towards human values, substantive justice, and the restoration of social relations.

The research method used is normative juridical with a legislative, conceptual, and case approach. Data was obtained through literature study and interviews with law enforcement officials and victims of domestic violence who had undergone legal proceedings and divorce. Data analysis was conducted qualitatively with an emphasis on the interpretation of humanistic values in law enforcement practices.

This study found that the application of humanistic law was carried out before the divorce proceedings began in the Religious Court, where the judge always asked whether domestic violence had been resolved. Indeed, domestic violence had been resolved through lawyers by bringing the husband and wife together, and they agreed not to proceed with legal action. All parties stated that the most important thing was the desire to divorce, to obtain a decision or to be immediately divorced by the judge at the Religious Court. This has provided protection for the human rights of victims, namely protection to obtain justice, protection of the right to feel safe, protection of the right to life, and protection from torture and cruel treatment.