Proceedings of the first International Conference on Social Sciences, Humanities, Economics and Law, September 5-6 2018, Padang, Indonesia

Research Article

The Implementation of Restorative Justice in Resolving Violence on Women and Children as a form of Right of Origin in West Sumatera

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  • @INPROCEEDINGS{10.4108/eai.5-9-2018.2281073,
        author={Efren Nova and Yoserwan Hamzah},
        title={The Implementation of Restorative Justice in  Resolving Violence on Women and Children as a form of  Right of Origin  in West Sumatera},
        proceedings={Proceedings of the first International Conference on Social Sciences, Humanities, Economics and Law, September 5-6 2018, Padang, Indonesia},
        publisher={EAI},
        proceedings_a={ICONSHEL},
        year={2019},
        month={3},
        keywords={restorative justice violence women children},
        doi={10.4108/eai.5-9-2018.2281073}
    }
    
  • Efren Nova
    Yoserwan Hamzah
    Year: 2019
    The Implementation of Restorative Justice in Resolving Violence on Women and Children as a form of Right of Origin in West Sumatera
    ICONSHEL
    EAI
    DOI: 10.4108/eai.5-9-2018.2281073
Efren Nova1,*, Yoserwan Hamzah1
  • 1: Faculty of Law, Universitas Andalas, Indonesia
*Contact email: efrennova@law.unand.ac.id

Abstract

Restorative Justice opens up a new awareness about accomplishing problems between sides in criminal matters not only with revenge spirit but with a peaceful way by discussion so both sides can have an advantage based on a collective decision that has been agreed together and to create a balance between the perpetrator and the victim. Indonesia consists of many ethnic groups, custom, and culture. Those things create different sects or groups known as the community of custom law that binds by their customs laws. This research goal is to dig the value of custom law that can be the policy foundation to optimize woman and children protection from abusive acts through the application of Restorative Justice. Based on research results in 7 ( seven) ) nagari in West Sumatera shows that Restorative Justice applied for light crime in 7 ( seven ) Nagari because Restorative Justice is in the same way with Minangkabau’s custom law. In settling abusive acts to woman and children, done with a family-based discussion of bajanjang naiak batanggo turun, starts from mamak tungganai, mamak dalam suku, ninik nan barampek, ninik nan batigo, and the last one is KAN, so the society of Minangkabau hat known with the proverb adat basandi syarak, syarak basandi kitabullah, so the value of Restorative Justice can be applied in settling light crime case