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All Journal JURNAL MERCATORIA ARBITER: Jurnal Ilmiah Magister Hukum
Cut Nurita
Universitas Islam Sumatera Utara
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Konsep Keadilan Restoratif dalam Jinayah Islam dan Implementasinya pada Sistem Peradilan Indonesia Cut Nurita
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.7089

Abstract

This study discusses the concept of restorative justice in Islamic jurisprudence and its relevance to the implementation of the criminal justice system in Indonesia. Restorative justice, which emphasizes the recovery of victims' losses, the responsibility of the perpetrators, and social reconciliation, is gaining increasing attention in Indonesia's criminal law reform. Although considered a modern approach, restorative principles have actually long been part of Islamic criminal law through the concepts of islah (peace), diyat (compensation), and 'afw (forgiveness). This study uses a juridical-normative method with a qualitative approach to analyze the sources of Islamic law, the doctrine of fiqh jinayah, and national regulations related to restorative justice. Data was obtained through literature studies on the Qur'an, hadiths, fiqh books, laws and regulations, and various scientific journals. The results of the study show that there is a substantive conformity between restorative values in Islamic law and the restorative justice paradigm that is developing in Indonesia. Indonesia has adopted a restorative approach through the Juvenile Criminal Justice System Law, Perpol No. 8 of 2021, the Prosecutor's Office's guidelines, and Supreme Court policies. However, its implementation still faces obstacles in the form of inuniform practices, limitations of comprehensive regulations, and potential abuse of discretion. This study concludes that Islamic jinayah values can strengthen the philosophical and moral legitimacy of the application of restorative justice in Indonesia, as well as provide a normative basis for a more humanistic and restorative-oriented criminal law reform. The integration of Islamic concepts and national legal policies has the potential to produce a justice system that is more just, responsive, and in accordance with the character of Indonesian society
Legal Protection for Victims of Phishing Crimes in Digital Banking Transactions Cut Nurita
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17781

Abstract

This study aims to examine the legal protection available to victims of phishing crimes in digital banking transactions and to identify the challenges in its implementation. The research adopts a normative legal method with statutory and conceptual approaches. The data used consist of primary, secondary, and tertiary legal materials collected through library research and analyzed qualitatively using a descriptive-analytical approach. The results show that although phishing is not explicitly regulated as a distinct offense under Indonesian law, legal protection can still be found within existing frameworks such as criminal law, banking regulations, and electronic transaction laws. Legal protection includes preventive measures, such as improving banking security systems and enhancing digital literacy, as well as repressive measures, including law enforcement and dispute resolution. Nevertheless, challenges remain, particularly in terms of regulatory limitations, evidentiary difficulties, and unclear liability between banks and customers. In conclusion, stronger regulations, effective law enforcement, and increased public awareness are essential to ensure optimal protection for victims and maintain trust in digital banking systems.
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