The results of the research at the Sigi Resort Police, the mechanism for handling domestic violence cases with a restorative justice approach is carried out through several steps that normatively refer to Police Regulation Number 8 of 2021, and are in line with the principles contained in the National Criminal Code (Law Number 1 of 2023) and the procedural provisions listed in the Criminal Code. The stages of Restorative Justice in Domestic Violence cases at the Sigi Police include receiving reports, initial identification, mediation between the parties, and terminating the investigation after a peaceful agreement is reached. This approach aims to restore family integrity, not just punishing the perpetrator.

The initial stage begins with the receipt of a report from the aggrieved party by the investigator, which is then recorded in the form of a Police Report. In this phase, the investigator takes the initial step by collecting data related to the reported incident. This process is in accordance with the regulations in the Criminal Code that regulate the capacity of investigators to receive reports and carry out preliminary investigations.7 In addition, from the point of view of the National Criminal Code, this phase is the first step to determine the type of case resolution that not only focuses on punishment, but also considers peaceful solutions for conflict resolution." In every incoming report of a domestic violence case, we first receive the victim's report and make a Police Report as the initial basis for handling the case. After that, we conduct an initial examination to find out the chronology of the incident and the victim's condition." At this stage, it is in line with the provisions of the Criminal Code regarding the authority of investigators to receive initial reports as explained in an interview with Muh. Yusuf, as the head of the Investigator of the Women and Children Service Unit of the Sigi Resort Police).8

After the report is received, the Women and Children Service Unit conducts an initial identification and assessment of the case. This assessment includes the level of violence, the condition of the victim, and the possibility of settlement through restorative justice. This is strengthened by the results of the following interview: "Not all cases of Domestic Violence can be resolved through restorative justice. We conduct an assessment first, such as looking at the level of violence, the condition of the victim, and whether the two parties still want to reconcile or not." (Interview with Muh. Yusuf, as the Investigator of the Women and Children Service Unit of the Sigi Police)This stage is in accordance with Police Regulations Number 8 of 2021 regarding the technical basis for the implementation of Restorative Justice, which regulates the existence of material and formal requirements, especially in the section of article 5, namely, "Material requirements as referred to in Article 4 letter a include not causing unrest and/or rejection from the community, Not having an impact on social conflicts, Not having the potential to divide the nation, Acts of radicalism and separatism, Not perpetrators of repeating criminal acts based on court decisions; and, Not a criminal act of terrorism, not a crime against state security, a criminal act of corruption and a criminal act against people's lives.

Article 5 of Police Regulation Number 8 of 2021 stipulates that the implementation of restorative justice must follow material requirements. This condition includes that the resolved case must not cause insecurity or rejection from the community, must not cause social conflict, has the potential to divide the unity of the nation, and is not related to the issue of radicalism and separatism.9 In addition, the perpetrator must not be someone who has committed repeated crimes and the case handled must not be included in the category of serious crimes such as terrorism, corruption, crimes against the state, and crimes that threaten life. Thus, this provision serves as a selector to ensure that restorative justice is only applied to minor cases that can be resolved peacefully without disturbing the public interest. Meanwhile, Article 6 of Police Regulation Number 8 of 2021 reads regarding:

"Formal requirements as referred to in Article 4 letter b, include: Peace from both parties, except for drug crimes; and If the case meets the requirements, the investigator will facilitate the penal mediation process. Penal mediation is the process of resolving criminal cases outside of court by bringing together perpetrators and victims to reach a peaceful agreement. This process is facilitated by investigators, where both parties can dialogue, understand each other, and seek fair solutions, such as apologies, compensation, or commitments not to repeat the act.9 Muh. Yusuf, as the Chief Investigator of the Women and Children Service Unit of the Sigi Resort Police, said that the main purpose of penal mediation is to restore the relationship between the perpetrator and the victim, not just to punish the perpetrator, and in this process, the investigator acts as a mediator to ensure that a fair and non-coercive agreement is reached. As the interview resulted: "If the case is eligible, we facilitate mediation between the perpetrator and the victim. In this process, we ensure that there is no coercion and that both parties really agree to resolve the issue peacefully.”

This process is an implementation of the principle of restorative justice which emphasizes conflict resolution and the restoration of social relations as stipulated in the National Criminal Code. If the mediation between the two parties is successful, a peace agreement letter is made signed by the perpetrator and the victim. This agreement usually contains an apology, a commitment not to repeat the act, and the fulfillment of the victim's rights as expressed in the interview: "After the mediation is successful, we make a peace agreement letter signed by the perpetrator and the victim. Usually the agreement contains an apology, a promise not to repeat the act, and the fulfillment of the victim's rights." The explanation from the direct interview that handled the case of Domestic Violence at the Sigi Resort Police is that the process is in accordance with Perpol Number 8 of 2021 Article 6 regarding formal requirements.

This process is based on the principle of reparation which is prioritized for the benefit of the victim and domestic harmony. The termination of the case through an Investigation Termination Order is an action by the investigator to stop the legal process of a case. In the context of restorative justice, the Investigation Termination Order is issued after a peace agreement is reached between the perpetrator and the victim. The legal basis is contained in Article 109 paragraph (2) of the Criminal Procedure Code as intended, namely: "In the event that the investigator stops the investigation because there is not enough evidence or the event turns out to be not a criminal act or the investigation is stopped for the sake of the law, then the investigator notifies the public prosecutor, the suspect or his family."10 a) Article 109 of the Criminal Procedure Code regulates the authority of investigators to initiate and stop investigations. Paragraph (2) is the main legal basis in the issuance of an Investigation Termination Order, including in the application of restorative justice, where the case is stopped because it has been resolved through a peaceful agreement between the perpetrator and the victim. With the issuance of the Investigation Termination Order, the case is declared completed and not proceeded to the prosecution stage in court.11 Based on all these stages; b) Fulfillment of the rights of victims and the responsibility of the perpetrator, except for drug crimes.

Peace as referred to in paragraph (1) letter a, is evidenced by a peace agreement letter and signed by the parties.

The fulfillment of the victim's rights and the responsibility of the perpetrator as referred to in paragraph (1) b, can be in the form of: a) Returning the goods; b) Compensating for losses; c) Reimbursing costs incurred as a result of criminal acts; and/or; d) Reimbursing damages caused by criminal acts.

The fulfillment of rights as referred to in paragraph (3) is evidenced by a statement letter in accordance with the agreement signed by the victim.

The format of the Peace Agreement Letter as intended in paragraph (2), and the statement letter as intended in paragraph (4), are listed in the attachment which is an integral part of this Police Regulation.”

Article 6 of Police Regulation Number 8 of 2021 regulates formal requirements in the implementation of restorative justice, namely there must be peace between the perpetrator and the victim as well as the fulfillment of the victim's rights and responsibilities, except for narcotics crimes. The peace is evidenced by an agreement signed by the parties, while the fulfillment of the victim's rights can be in the form of returning goods, compensation, costs, or repairing damage caused by a criminal act, which must also be proven in writing. Thus, this article emphasizes that settlement through restorative justice is not only a peaceful agreement, but must also be followed by real responsibility from the perpetrator to the victim.12 If the case meets the requirements, the investigator will facilitate the penal mediation process. Penal mediation is the process of resolving criminal cases outside of court by bringing together perpetrators and victims to reach a peaceful agreement. This process is facilitated by investigators, where both parties can dialogue, understand each other, and seek fair solutions, such as apologies, compensation, or a commitment not to repeat the act.13 The main purpose of penal mediation is to restore the relationship between the perpetrator and the victim, not just to punish the perpetrator, and in this process, the investigator acts as a mediator to ensure that a fair and non-coercive agreement is reached. As the interview resulted: "If the case is eligible, we facilitate mediation between the perpetrator and the victim. In this process, we ensure that there is no coercion and that both parties genuinely agree to resolve the issue peacefully. This process is an implementation of the principle of restorative justice which emphasizes conflict resolution and the restoration of social relations as stipulated in the National Criminal Code.

If the mediation between the two parties is successful, a peace agreement letter is made signed by the perpetrator and the victim. This agreement usually contains an apology, a commitment not to repeat the act, and the fulfillment of the victim's rights as expressed in the interview: "After the mediation is successful, we make a peace agreement signed by the perpetrator and the victim. Usually the agreement contains an apology, a promise not to repeat the act, and the fulfillment of the victim's rights." The explanation from the direct interview that handled the case of Domestic Violence at the Sigi Resort Police said that the process was in accordance with Police Regulations Number 8 of 2021 Article 6 regarding formal requirements.

This process is based on the principle of reparation which is prioritized for the benefit of the victim and domestic harmony. The termination of the case through an Investigation Termination Order is an action by the investigator to stop the legal process of a case. In the context of restorative justice, the Investigation Termination Order is issued after a peaceful agreement is reached between the perpetrator and the victim. The legal basis is contained in Article 109 paragraph (2) of the Criminal Procedure Code as intended, namely: "In the event that the investigator stops the investigation because there is not enough evidence or the incident turns out to be not a criminal act or the investigation is stopped for the sake of the law, then the investigator notifies the public prosecutor, the suspect or his family.”14

Article 109 of the Criminal Procedure Code regulates the authority of investigators in starting and stopping investigations. Paragraph (2) is the main legal basis in the issuance of an Investigation Termination Order, including in the application of restorative justice, where the case is stopped because it has been resolved through a peace agreement between the perpetrator and the victim. With the issuance of the Investigation Termination Order, the case is declared completed and not proceeded to the prosecution stage in court.15 Based on all these stages, it can be concluded that the restorative justice mechanism at the Sigi Resort Police has been running in accordance with the applicable legal provisions, both normatively and empirically. This is strengthened by the statement: "That all our activities are in line with the two rules, because there is nothing different about the rules, and the Criminal Code is a general rule while the Police Regulations is a special rule that is in line with each other." The statement shows that in practice there is no conflict between the National Criminal Code, the Criminal Code, and Police Regulation Number 8 of 2021, but the three complement each other in forming a restorative justice mechanism.

First, the National Criminal Code has a philosophical or substantive nature, which means that it serves as a foundation for values and goals in criminal law enforcement. In the context of restorative justice, the National Criminal Code emphasizes the importance of conflict resolution, balance restore, and a non-punitive approach. This shows that criminal law is not only focused on sanctions, but also on improving social relations in society.

Second, the Criminal Procedure Code functions as a procedural basis, which regulates how the law enforcement process should be conducted. In relation to restorative justice, the Criminal Procedure Code gives the authority to investigators to stop investigations through the mechanism of Investigation Termination Warrants as stipulated in Article 109 paragraph (2). Thus, the Criminal Procedure Code is a legal basis that allows the termination of a case after there is a peaceful agreement between the perpetrator and the victim.16 Third, Police Regulation Number 8 of 2021 functions in a technical operational manner, which regulates in detail the procedures for the implementation of restorative justice in the police environment. This regulation includes material and formal requirements, mediation procedures, and case termination mechanisms. With this Police Regulation, investigators have clear guidelines for carrying out restorative justice in the field. Thus, the three legal instruments have different but interconnected functions, where the National Criminal Code offers directions and goals, the Criminal Code provides a procedural basis, and the Police Regulation serves as a technical guide in implementation. The collaboration between these three regulations can be seen in practice at the Sigi Resort Police, where the application of restorative justice can take place effectively and in accordance with existing laws.17

One of the main obstacles in the implementation of restorative justice relates to the personal consideration aspect of the victim. In theory, restorative justice requires an agreement that arises from the free will of all parties without coercion. But in reality, the victim's choice to resolve the problem in a peaceful way does not necessarily indicate true free will. However, the victim's financial dependence on the perpetrator.18 In many situations, victims have no source of income of their own, which results in them being completely dependent on the perpetrator to meet their daily needs. This puts the victim in a vulnerable position and makes it difficult for them to make decisions independently, especially when it comes to determining whether the case will proceed to the legal realm or be resolved informally. From the results of an interview with one of the victims of Domestic Violence, there is information that clearly reflects the situation: "I cannot accept a peaceful settlement or restorative justice, because my experience is not trivial. I have apologized too many times, but the violence has been repeated endlessly. I feel depressed, afraid, and lost my sense of security in my own home. In my view, if this matter had only been resolved peacefully, my husband would not have really felt deterred and the potential for a repeat of his mistake in the future remained. I hope that there will be a firm legal process so that I can obtain justice and protection, both for myself and for my children.