Judicial strategies in addressing domestic violence: Gender-responsive legal analysis from the religious court of Malang Regency, Indonesia

Fajarani, Meisy, Harry, Musleh, Akbar, Muhammad Jihadil, Jannani, Nur and Rusdi, Mikdar (2026) Judicial strategies in addressing domestic violence: Gender-responsive legal analysis from the religious court of Malang Regency, Indonesia. Justicia Islamica: Jurnal Kajian Hukum dan Sosial, 23 (2). pp. 477-504. ISSN 2502-7646

Text 28069.pdf - Published Version Available under License Creative Commons Attribution Share Alike. Download (377kB)

Abstract

This study aims to analyze judicial efforts to enhance protection for women and children in cases of domestic violence, particularly in the Malang region of East Java, where the number of cases has been increasing annually. The methodology employed is legal research using a case study approach, involving data collection through interviews with judges and analysis of court rulings. The results of the study indicate that judges at the Malang Regency Religious Court have developed various strategies to provide more effective protection, particularly in cases involving gender discrimination and DV. These strategies include the fair and prudent application of the law, consideration of the interests of victims and children, and a holistic, comprehensive approach to adjudication. In adjudicating cases, judges refer to various legal instruments, including Law No. 23 of 2004 concerning the Elimination of Domestic Violence and the Compilation of Islamic Law. Practically, this study serves as a reference for policymakers and judicial officials, particularly judges within the Religious Courts, to enhance sensitivity toward gender issues and improve the effectiveness of handling domestic violence cases, thereby further strengthening legal protection for women and children.

Item Type:	Journal Article
Keywords:	domestic violence; protection of women and children; religious courts
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180108 Constitutional Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Unnamed user with email el.moehy77@syariah.uin-malang.ac.id
Date Deposited:	14 Jul 2026 08:49

Downloads

Origin of downloads

Actions (login required)

View Item