The domestic violence crime usually occurs within the scope of the
dominant household which is the victim is a woman or a wife. The birth of Law
23 Year 2004 on the Elimination of Domestic Violence is a legal form which is
applied to solve the problem of domestic violence in a litigation manner by
giving deterrent effect to perpetrators who do violence in household with
punishment in the form of prison confinement. However, the settlement of
criminal cases of domestic violence should not be solved by litigation but can be
solved by other means by penal mediation. Penal mediation based on restorative
justice thinking or restorative justice is a mediation effort in a criminal case
aims to reach a peace agreement or win-win solution of the perpetrators and
victims of domestic violence in order to resolve the domestic violence case
without having to trap the perpetrator into the prison. Usually in practice penal
mediation is also done by law enforcement officers in settling domestic violence
problem with penal mediation effort. This penal mediation effort can be in
common with the adat'badamai Banjar. Adat'badamai is a settlement of
criminal case in banjar tribe in order to reach agreement of badamai of
perpetrator and victim, in practice adat'badamai assisted by tetuha-tetuha
kampung to solve criminal case.
Key words :, The Domestic Violence Crime, Adat'badamai , Penal Mediation