The Power of Local Wisdom Law in Resolving Domestic Violence And its Relationship with Law No. 23 of 2004 in Toba Regency Indonesia

DOI

10.2991/978-94-6463-352-8_14How to use a DOI?

Keywords

power of law; local wisdom; domestic violence; victim; Batak

Abstract

Marriage is a vital thing in life, both individually and in society, everyone wants their life to be successful in all things both in career and in household survival. However, there are still many people out there who do not have good fortune in their household life. This paper examines the issue of domestic violence in the family domain. The study employs a sociological approach where the data sources are primary and secondary data with a focus on the population of the Batak community in the Toba Regency, Indonesia. Interviews were conducted with respondents consisting of perpetrators (abusers), victims, traditional elders, and government officials (police). The study finds that the occurrence of domestic violence is predominantly due to the kinship system in Batak society that prioritizes and deifies the position of a son, giving rise to superior traits and feeling higher and arrogant, this carries over into his life married. Such culture has contributed to the incidents of domestic violence in the family. Often a wife in the Batak community becomes a victim of domestic violence, she would not report such violence to the authorities. Instead, some of them would take an alternative measure by submitting to the local wisdom who can decide in such abuse cases and can be considered to guarantee legal certainty in the Batak community.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Merry Roseline Pasaribu
AU  - Roswita Sitompul
PY  - 2024
DA  - 2024/01/10
TI  - The Power of Local Wisdom Law in Resolving Domestic Violence And its Relationship with Law No. 23 of 2004 in Toba Regency Indonesia
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 179
EP  - 189
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_14
DO  - 10.2991/978-94-6463-352-8_14
ID  - Pasaribu2024
ER  -