Reconstruction of Integrated Legal System for Protecting the Victims of Domestic Violencein Divorce Cases

¹ Faculty of Ushuluddin, Adab, and Humaniora, Purwokerto State of Islamic Institute, Purwokerto Central Java Indonesia
² Faculty of Syariah and Law, Purwokerto State of Islamic Institute, Purwokerto Central Java Indonesia

^* Corresponding Author: naqiyah.mukhtar@iainpurwokerto.ac.id

Abstract

There is a guarantee for legal protection for all citizens without any discrimination. However, there are many cases of victims of domestic violence, hidden in civil law cases that are handled by religious courts. It is because the religious courts do not have authority to handle criminal cases. This paper aims to examine the feasibility of reconstructing the existing integrated legal system in protecting the victims of domestic violence in divorce cases in Cilacap District. Furthermore, this study is to research a model of an integrated legal system of the protection of victims of domestic violence in divorce cases. This research is a non-doctrinal legal research with socio-legal approach using a qualitative derived from literature and a survey method. The method used was observation, depth interview, document interpretation. The data were taken from Religious Court, police, and community leaders in Cilacap. The data were analysed by the theory of legal work. This research concludes that one of the solutions for the protection of victims of domestic violence in divorce cases is to reconstruct an integrated legal system model from all its elements that include legal structure, substance and culture so that it can handle the cases of domestic violence effectively..