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Adrian Bima Putra
Faculty of Law Universitas 17 Agustus 1945 Jakarta

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PRINCIPLES OF ISLAMIC LAW IN CRIMINAL LAW REFORM IN INDONESIA Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article discusses the application of Islamic Law principles in criminal law reform in Indonesia, focusing on efforts to integrate Islamic norms into the pluralistic national legal system. Using the literature research method, it explores the principles of justice ('adl), balance (tawazun), public good (maslahah), and crime prevention (saddu al- dhara'i) as the foundation for criminal law reform. The results show that despite the challenges in harmonising Islamic law with secular national law, the application of these principles can enrich the Indonesian criminal law system with strong moral and ethical values. In addition, wise and comprehensive integration can optimise the effectiveness of law enforcement and improve the sense of justice in society. This study recommends the need for continuous dialogue between stakeholders to reach consensus and ensure that the resulting laws are inclusive and adaptive to the diversity of Indonesian society. In the long run, criminal law reform that considers the principles of Islamic Law has the potential to strengthen the foundation of national law and improve social welfare.
THE CHALLENGE OF INTEGRATING SHARIA CRIMINAL LAW IN THE NATIONAL LEGAL SYSTEM Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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The integration of Sharia criminal law into the national legal system presents significant challenges. Firstly, there are fundamental differences between the principles and values espoused by Sharia criminal law and national criminal law, which may hinder their alignment. Secondly, the juridical and institutional challenges require the revision of laws and regulations, as well as the development of new mechanisms to implement the law, which requires inter-agency coordination and a significant amount of time. Thirdly, the socio-cultural aspect is also a major obstacle, given that the application of Sharia criminal law must be adapted to a society that is diverse in terms of religion, culture and social values. Thus, a thoughtful and inclusive approach, as well as effective communication and education strategies are needed to achieve harmonious integration.
CONFLICT AND CONVERGENCE BETWEEN CRIMINAL LAW AND RELIGIOUS LAW (A CRIMINOLOGICAL PERSPECTIVE) Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article discusses the conflict and convergence between criminal law and religious law from a criminological perspective. This conflict often occurs due to differences in principles and norms between the two legal systems, which can include differences in sentencing, views on justice, and the protection of human rights. On the other hand, however, convergence can be found when the ethical and moral principles espoused in religious law support the objectives of secular criminal law, such as in crime prevention and the protection of society. Through criminological analysis, this article explores how these conflicts and convergences affect the implementation of the law, public perceptions of justice, and the formulation of more inclusive and effective criminal policies. The article concludes that by carefully considering the differences and similarities between the two legal systems, areas in need of reform or adjustment can be identified to improve the effectiveness of the justice system and promote social justice.
RESTORATIVE JUSTICE IN CRIMINAL LAW AND ISLAMIC LAW: A COMPARATIVE ANALYSIS Gunawan Widjaja; Adrian Bima Putra
JUTEQ: JURNAL TEOLOGI & TAFSIR Vol. 2 No. 5 (2025): MEI
Publisher : Adisam Publisher

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This article conducts a comparative analysis between the concept of restorative justice in modern criminal law and Islamic law. Restorative justice is an approach in the legal system that prioritises the restoration of the relationship between the victim and the offender as well as reparation for the harm suffered by the victim. In modern criminal law, this approach focuses on mediation and dialogue that aims to reduce recidivism and restore balance in society. On the other hand, Islamic law also has similar mechanisms through the concepts of sulh (peace) and diyya (compensation) which emphasise the importance of forgiveness and reconciliation. Despite differences in cultural and normative contexts, both legal systems demonstrate that restorative justice principles can be an effective and humane alternative in the handling of legal offences. As such, the integration of these principles is expected to contribute to the establishment of a more just and harmonious justice system.
Co-Authors Gunawan Widjaja