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

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.