PENYELESAIAN PERKARA PIDANA KEKERASAN DALAM RUMAH TANGGA MELALUI PENDEKATAN ADAT’BADAMAI SUKU BANJAR DAN MEDIASI PENAL

The domestic violence crime usually occurs within the scope of the dominant household which is the victim is a woman or a wife. The birth of Law 23 Year 2004 on the Elimination of Domestic Violence is a legal form which is applied to solve the problem of domestic violence in a litigation manner by giving deterrent effect to perpetrators who do violence in household with punishment in the form of prison confinement. However, the settlement of criminal cases of domestic violence should not be solved by litigation but can be solved by other means by penal mediation. Penal mediation based on restorative justice thinking or restorative justice is a mediation effort in a criminal case aims to reach a peace agreement or win-win solution of the perpetrators and victims of domestic violence in order to resolve the domestic violence case without having to trap the perpetrator into the prison. Usually in practice penal mediation is also done by law enforcement officers in settling domestic violence problem with penal mediation effort. This penal mediation effort can be in common with the adat'badamai Banjar. Adat'badamai is a settlement of criminal case in banjar tribe in order to reach agreement of badamai of perpetrator and victim, in practice adat'badamai assisted by tetuha-tetuha kampung to solve criminal case. Key words :, The Domestic Violence Crime, Adat'badamai , Penal Mediatio