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KEADILAN RESTORATIF DALAM TINDAK PIDANA PENCURIAN DAN PENGANIAYAAN: (ANALISIS KOMPARASI HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM)
The law as a tool for solving criminal cases requires a balance or compatibility between justice, expediency and certainty in giving a verdict on the matter that happened. Meanwhile, restorative justice as the resolution of criminal cases is a new breakthrough in solving criminal cases in Indonesia whose sentencing orientation is towards rehabilitation. Even though previously cases were settled by using reformative justice that was oriented towards imprisonment. This is then interesting because it turns out that Islamic law has long since applied restorative justice as a temporary solution in general criminal cases in Indonesia, which will only come into effect in 2020. This research uses the theory of legal objectives which contains justice, benefit and legal certainty. The data in this research were collected from Perja Number 15 of 2020, Perkapolri Number 8 of 2021, Perma Number 1 of 2024, the Criminal Code, the Al-Tashiri’ Al-Jina’i Al-Islami Muqaranan bil Qanun al-Wad‘iy, books, journals and representative literature on the topic of restorative justice. The approach used is a normative approach which examines the rules for implementing restorative justice in Indonesian law and Islamic law. Based on the data that has been presented and analyzed, there are the following research results. First, restorative justice in Indonesian criminal law can be applied if the conditions are met, namely: not a recidivist, not threatened with imprisonment for more than 5 years and not causing losses of more than IDR. 2,500,000.00. Islamic law in implementing restorative justice is found in forgiveness (al-‘afwu and al-syafaat) as a solution to criminal cases. Second, restorative justice in Indonesian criminal law is not in accordance with the value of justice in the theory of legal objectives, because there is a provision that restorative justice is not applied to recidivist perpetrators. In fact, justice in the theory of legal objectives emphasizes equality in the eyes of the law. Meanwhile, Islamic law is in accordance with justice in the theory of legal objectives, because there is no prohibition on recidivists, their cases cannot be resolved using restorative justice. Restorative justice in this research has fulfilled the benefit aspect, because the outcome of the case resolution is determined by the litigants, so the results are based on the needs of the perpetrator and victim. Restorative justice in Indonesian law is in accordance with legal certainty because it is included established right, while Islamic law in this case is still not included Right established. So legal certainty can only be found in restorative justice in Indonesian criminal law.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEADILAN RESTORATIF DALAM TINDAK PIDANA PENCURIAN DAN PENGANIAYAAN: (ANALISIS KOMPARASI HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM) (Text)
KEADILAN RESTORATIF DALAM TINDAK PIDANA PENCURIAN DAN PENGANIAYAAN: (ANALISIS KOMPARASI HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM) (Other)
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