Discretion as Alternative Resolution of Criminal Act of Domestic Violence at Jayapura

Abstract

This research is aims to examine in depth on the application of the discretion which is done by the police officers on handling domestic violence in Jayapura and the obstacles which encountered. The method which is used in this research is normative legal research which is supported by empirical legal research. The result of this research found that there’s 6 cases of domestic violence at Jayapura which were resolved through criminal justice process and the victim didn’t withdraw their report. Facts revealed there were 13 cases of domestic violence which were resolved through reconciliation by restorative justice. Amicable settlement is the best alternative to protect the wife and children from the threat of the husband’s anger and revenge after serving a sentence. The officials use restorative justice as the discretion choice on settle the domestic violence cases. The obstacle which experienced by the victim and the perpetrators have a different reason. A settlement of the case through the criminal court or reconciliation has been agreed by both parties as the best solution for the future. Even though it is impacting on the punishment of the perpetrator, or a divorce is happened, both parties have considered the consequences of the solution which chosen.