Two decades of the elimination of domestic violence act in Indonesia: Attrition, restorative diversion and the severity discount in the enforcement of Law No. 23 of 2004

Stivany Agusia ()
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Stivany Agusia: Universitas Pelita Harapan

Indonesian Journal of Law, Governance, and Regulation, 2026, vol. 1, issue 2, 1-25

Abstract: Indonesia's Law No. 23 of 2004 on the Elimination of Domestic Violence or Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga (UU PKDRT) is widely regarded as a landmark statute, yet two decades of operation have not closed the gap between its promise and what victims receive. Combining doctrinal analysis with secondary quantitative data and four purposively selected documented Indonesian case pathways decided or processed between 2020 and 2026, it traces how severity is progressively discounted across different stages of the justice process. Three mechanisms are identified. First, police charge selection under Article 44 silently determines whether a case can later be diverted, because prosecutorial guidelines apply a five-year penalty ceiling. Second, the victim's forgiveness operates as a mitigating factor at first instance and again on appeal, compounding rather than replacing reductions. Third, non-physical violence is reported far more often than it is prosecuted, and is sanctioned near the floor of the range when it is. The article further examines differences between national monitoring series and argues that inconsistencies in definitions, counting units, and reporting practices represent a data-governance challenge for evaluating enforcement outcomes. Reforms are proposed on charge review, sentencing structure, exclusion of domestic violence from restorative diversion, and statutory publication duties.

Keywords: domestic violence; Indonesia; UU PKDRT; restorative justice; case attrition; access to justice (search for similar items in EconPapers)
Date: 2026
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DOI: 10.55942/ijlgr.v1i2.2216

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