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Original Research

PROTECTING WOMEN’ RIGHTS: A RESTORATIVE JUSTICE APPROACH IN RESOLVING MARRIAGE VOWS CASE

NI MADE SUTI ARINI 1, RONALD MAWUNTU 2, CAECILIA J. J. WAHA 3, and JEMMY SONDAKH 4.

Vol 17, No 10 ( 2022 )   |  DOI: 10.5281/zenodo.7198134   |   Author Affiliation: Law Science Doctoral Study Program, Postgraduate Program, Sam Ratulangi University, Manado, North Sulawesi, Indonesia 1; Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 2,3,4.   |   Licensing: CC 4.0   |   Pg no: 488-495   |   To cite: NI MADE SUTI ARINI, et al., (2022). PROTECTING WOMEN' RIGHTS: A RESTORATIVE JUSTICE APPROACH IN RESOLVING MARRIAGE VOWS CASE. 17(10), 488–495. https://doi.org/10.5281/zenodo.7198134   |   Published on: 14-10-2022

Abstract

This article offers a comprehensive assessment of the theoretical and practical connections between restorative justice in resolving marriage and protecting women’ rights. Type of the study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the basic principle of restorative justice is to emphasize justice in providing protection for perpetrators and victims as well as a reference for parties including the police as mediators, perpetrators, victims and the people involved. Resolution through penal mediation to protect women’ rights must first know what women’ rights have been violated. The right to protect the dignity of women, and victims demand the right to recovery in the form of compensation. In addition to reducing the accumulation of cases, this restorative justice approach can create a balance between court fees and the development of cases based on marriage vows, as well as prioritizing fast and low-cost judicial processes in order to fulfil a sense of justice for the community.


Keywords

Human Rights; Marriage; Restorative Justice; Women Rights