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All Journal Journal of Shoutheast Asian Islam and Society (JSEAIS)
Zulfahmi Zulfahmi
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Religion Education Social Sciences

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Integrating Diyat as a Restorative Measure in Negligent Homicide: A Critical Examination of Indonesian Criminal Law Zulfahmi Zulfahmi
Journal of Southeast Asian Islam and Society Vol. 5 No. 1 (2026): JSEAIS
Publisher : UIN Sulthan Thaha Saifuddin Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/jseais.51.2977

Abstract

This article examines the integration of diyat as a restorative system in Islamic criminal law into the handling of negligent homicide as an innovative alternative to the retributive approach in Indonesian positive criminal law. This study uses a normative and comparative approach with a doctrinal method to analyze the principles of qishash and diyat derived from the Qur'an, hadith, and classical fiqh books, and compares them with the provisions contained in the Criminal Code (KUHP). Data were collected through literature study and analysis of relevant primary and secondary legal documents. The results show that the diyat mechanism not only serves as financial compensation to the victim's family, but also as a means of restoring social relations and reconciliation between the perpetrator and the victim. While positive criminal law emphasizes detention as a form of deterrence, the implementation of a restorative system through diyat offers a more humanist and rehabilitative approach. This integration has the potential to reduce social conflict, support the moral responsibility of perpetrators, and strengthen community cohesion. This article concludes that judicial reform that combines the values of Islamic justice with the national legal system can create more balanced, sustainable and contextualized justice solutions. The implications of these findings are expected to encourage the development of judicial policies that accommodate restorative approaches as an alternative to criminal sanctions in Indonesia.
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