Women access to justice : mediation for domestic violence cases in Indonesia and Australia

Sukendar, Sukendar and Priyambudi S.M., Priyambudi S.M. and Saifullah, Saifullah and Rahman, Luthfi and Ulamai, A. Hasan Asyari and Fauzan H., M. (2019) Women access to justice : mediation for domestic violence cases in Indonesia and Australia. Project Report. LP2M UIN Walisongo, Semarang. (Unpublished)

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Abstract

Services for the victims of domestic violence have been provided by the Indonesian and Australian governments. The services include medical assistance, psychological counselling, financial assistance, and legal services. The Legal service for the victims of domestic violence is intended to restore the rights of the victims. However, the legal service often ignores the interests and needs of the victims by criminalizing the perpetrators through the criminal justice system or retributive justice system. This often makes victims disappointed, as not all victims of domestic violence want their cases to be resolved in the criminal court because it would give burdens for the victims such as financial and psychological burden. Therefore, some victims wanted their cases to be resolved without involving the litigation system, but through mediation. This research explores mediation conducted by the service institutions for the victims of domestic violence in Indonesia and Australia. The data collected through interviews with judges, police, social workers in the women crisis centers, and public or religious figures from social organizations. This research found that mediation for the victims of domestic violence has been carried out by the services institutions for the victims of domestic violence both in Indonesia and Australia. However, not all mediations conducted properly as some mediators both in-court and non- court have not been trained on mediation. In addition, the opinion that domestic violence should proceed through the criminal court, not mediation, is still strong among social workers at the women's crisis centers. This research enriches the literature on the services for the victims of domestic violence and provides some insights for alternative resolution for domestic violence cases.

Item Type: Monograph (Project Report)
Uncontrolled Keywords: Women; Access to justice; Mediation; Domestic violence; Indonesia; Australia
Subjects: 300 Social sciences > 305 Social groups > 305.4 Women
300 Social sciences > 306 Culture and institutions
Divisions: Laporan Penelitian (Research Reports)
Depositing User: Miswan Miswan
Date Deposited: 11 Apr 2023 04:06
Last Modified: 11 Apr 2023 04:07
URI: https://eprints.walisongo.ac.id/id/eprint/19684

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