Abstract
This study aims to determine the relevance of Islamic and customary law in Bali with acts of domestic violence, which are related to Law No. 23/2004. This research is a qualitative study with a normative juridical approach, through literature studies and exploration methods from secondary data. The objects examined in this study are Balinese Customary Law, Islamic Law, and Law No. 23/2004 concerning the Elimination of Domestic Violence. The case object in this study originated from several cases of domestic violence in Bali. The results of the study showed that domestic violence increased every year, where the majority of victims were women. Several factors cause cases to occur, where the Balinese tradition with the patrilineal system is an important factor that creates a gap between men and women. Referring to Islamic and customary law in Bali does not explicitly explain the rules and sanctions related to internal violence. However, this local regulation still does not justify the existence of acts of violence in the household by applicable law.
Highlights
This study aims to determine the relevance of Islamic and customary law in Bali with acts of domestic violence, which are related to Law No 23/2004
Seeing the complexity of the problem, the purpose of this study is to determine the relevance of Islamic law and customary law in acts of domestic violence related to the implementation of Law No 23/2004 about the Elimination of Domestic Violence, by taking case studies in Bali
In the Province of Bali, the number of cases of domestic violence is quite high which shows an increase in the number of cases reaching twice from the previous year
Summary
Acts of domestic violence are still considered taboo and become an internal problem that cannot be intervened by other parties. This is contrary to the purpose of marriage itself, which is to foster a sense of security, peace, and comfort, which protects the objectives of sharia (Sukardi, 2015). Seeing the complexity of the problem, the purpose of this study is to determine the relevance of Islamic law and customary law in acts of domestic violence related to the implementation of Law No 23/2004 about the Elimination of Domestic Violence, by taking case studies in Bali. This study aimed to determine the relevance of Islamic and customary law in Bali with acts of domestic violence, which are related to Law No 23/2004
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