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All Journal JOURNAL OF INDONESIAN ISLAM Islam Futura MIQOT: Jurnal Ilmu-ilmu Keislaman JURNAL MAHKAMAH Jurnal Akta Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Kamaya: Jurnal Ilmu Agama JURNAL PENDIDIKAN TAMBUSAI Proceedings of the International Conference on Applied Science and Health Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Taqnin: Jurnal Syariah dan Hukum Contagion: Scientific Periodical Journal of Public Health and Coastal Health Islamijah: Journal of Islamic Social Sciences Journal of Gender and Social Inclusion in Muslim Societies INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE International Archives of Medical Sciences and Public Health International Archives of Medical Sciences and Public Health Journal Of Human And Education (JAHE)
Watni Marpaung
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : Jurnal Akta

 1 
Restorative Justice in the Criminal Act of Rape (Analysis of the KUHP & Qanun Jinayat) Endra Wijaya, Septeddy; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43726

Abstract

The crime of rape is one of the serious violations of human rights that requires effective and fair legal handling. In Indonesia, the crime of rape is regulated in the Criminal Code (KUHP) which applies nationally, as well as the Qanun Jinayat in Aceh, as an implementation of Islamic law. This study aims to analyze existing regulations related to the crime of rape in Indonesia, and to explore the potential for the application of restorative justice in handling rape cases. This study uses a qualitative method with a descriptive approach, where the researcher acts as the main instrument in collecting and analyzing data. This approach aims to explore more deeply the differences in regulations between the Criminal Code and Qanun Jinayat, and to assess their impact on the legal process and the welfare of victims. The results of the study indicate that although both regulations are firm in providing sanctions for perpetrators of rape, there are still weaknesses in protecting victims, especially in terms of mental and social recovery. Therefore, the application of restorative justice is considered important to involve victims and perpetrators in a more humane resolution process, with the aim of restoring social balance and providing opportunities for victims to recover. This study concludes that there needs to be a reform in the justice system that pays more attention to aspects of justice for victims, by combining legal sanctions and a restorative approach.
Restorative Justice Concept in Islam & Its Implementation in National Criminal Law from Islamic Legal Philosophy Fauzi, Rizky; Marpaung, Watni; Prasetya, Nurul Huda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43727

Abstract

The reform of Indonesia's national criminal law marks a paradigm shift from a retributive punishment system to a Restorative Justice approach that places greater emphasis on victim recovery, social reconciliation, and perpetrator rehabilitation. This principle has been accommodated in various regulations, such as Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, Prosecutor's Regulation No. 15 of 2020, and Article 54 of the new Criminal Code which allows for the consideration of restorative justice in judges' decisions. In Islamic criminal law, the concept of qisas-diyat and the dispute resolution mechanism based on islah (peace) show alignment with restorative justice. Caliph Umar bin Khattab is an example of the application of this approach in a socio-economic context, by postponing punishment for thieves due to starvation. This study uses a normative legal approach with a descriptive-analytical method and a review of maqasid sharia to examine the integration of restorative justice principles in national criminal law. The results of the study indicate that although restorative justice has a place in regulations, its implementation is still limited and faces normative and institutional challenges. Therefore, legislative reform is needed which includes the ratification of special laws, the integration of restorative justice principles in the Criminal Procedure Code Bill, and the expansion of the scope of cases that can be resolved through this mechanism. With a more systematic implementation, restorative justice can become an integral part of the criminal justice system in Indonesia, in line with the principles of Islamic law which emphasize the balance between justice, welfare, and social protection.
Criminal Punishment in The Concept of Non-Conviction based on Asset Forfeiture (Analysis of Islamic Criminal Law) Rinaldi, Deby; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43728

Abstract

Criminalization within the concept of Non-Conviction Based Asset Forfeiture (NCBAF) plays a crucial role in efforts to combat corruption. This study aims to analyze the implementation of NCBAF in the context of Islamic criminal law, particularly regarding the confiscation of assets obtained from criminal acts without requiring the direct prosecution of perpetrators. This research employs a normative legal method (juridical normative) with a statute approach and a conceptual approach to examine the legal basis, effectiveness, and challenges of NCBAF. The findings reveal that NCBAF offers substantial advantages over conventional criminal justice systems, as it enables the recovery of unlawfully acquired assets without the need for a lengthy trial process. This approach accelerates asset recovery, reduces the risk of legal loopholes exploited by corrupt individuals, and enhances the efficiency of anti-corruption efforts. In Indonesia, the adoption of NCBAF can significantly strengthen corruption eradication policies, provided that sufficient legal and institutional frameworks are in place. From an Islamic legal perspective, NCBAF aligns with fundamental principles of justice, accountability, and property protection. Islamic law upholds the prohibition of illicit wealth and mandates the restitution of unlawfully obtained assets to rightful owners or the public interest. Therefore, the application of NCBAF is not only legally justified but also ethically and religiously endorsed within Islamic jurisprudence. By integrating NCBAF into anti-corruption strategies, Indonesia can reinforce its commitment to justice and economic integrity while ensuring the protection of state assets from illicit enrichment.
Reconstruction of Confiscation of Corruption Convicts' Assets in Restitution of State Financial Losses Islamic Law Analysis Najjar Alavi, Ivan; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43729

Abstract

Corruption is an extraordinary crime that harms state finances and hinders national development. One of the main strategies in eradicating corruption is the confiscation of assets resulting from criminal acts to recover state losses. However, the implementation of asset confiscation in Indonesia still faces various obstacles, including ineffective regulations, complicated legal procedures, and weak coordination between law enforcement agencies. This study analyzes the main obstacles in the implementation of asset confiscation based on positive law and Islamic law and formulates a legal reconstruction that can increase the effectiveness of asset recovery from corruption. This study uses a normative legal method with a descriptive-analytical approach, comparing applicable regulations and their implementation in Indonesia. The results of the study indicate that asset confiscation is not optimal due to the difficulty of proving the origin of assets, the use of third parties in hiding assets, and the absence of a Non-Conviction Based Asset Forfeiture (NCB) mechanism. From an Islamic legal perspective, confiscation of assets resulting from crime is in line with the principles of justice and welfare, as emphasized in QS. Al-Baqarah: 188 and the hadith of the Prophet Muhammad SAW which requires the return of property resulting from injustice. As a recommendation, this study proposes the implementation of the NCB mechanism, strengthening international cooperation in asset tracking, reforming evidence by shifting the burden of proof, and optimizing the management of confiscated assets for the public interest according to the principle of maslahah in Islamic law. With this approach, it is hoped that asset confiscation can become a more effective instrument in eradicating corruption and restoring state finances.
The Role of Restorative Justice in Juvenile Criminal Law Islamic Law Analysis Permana, Yudhi; Marpaung, Watni; Harahap, Arifuddin Muda
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43730

Abstract

The Restorative Justice (RJ) approach in juvenile criminal law is a paradigm that is oriented towards the restoration, reconciliation, and rehabilitation of children in conflict with the law. Unlike the retributive justice system which emphasizes punishment, RJ aims to restore social balance through deliberation between the perpetrator, victim, and community. In Indonesia, the RJ principle has been accommodated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) which prioritizes diversion as a mechanism for resolving juvenile cases outside the courts. In addition, the Indonesian Attorney General's Regulation Number 15 of 2020 also regulates the termination of prosecution based on restorative justice. From an Islamic legal perspective, the RJ approach is in line with the principle of Maqashid Syari’ah, which aims to protect the soul (hifz al-nafs) and maintain social harmony. The concepts of qisas, diyat, sulh, and afw in Islam provide space for a more just conflict resolution, emphasizing forgiveness and peace as the main solutions in resolving criminal cases, including for children. The implementation of RJ in the Indonesian legal system faces several challenges, such as the lack of understanding of law enforcement officers, the limitations of more comprehensive regulations, and the minimal involvement of the community in the reconciliation process. Therefore, this study recommends strengthening regulations by enacting a special law on RJ, increasing training for law enforcement officers, and public education so that the community's understanding of restorative justice increases. With these steps, RJ can be an effective solution in a more just juvenile criminal law system, in accordance with Islamic legal values.
Co-Authors Achyar Zein Achyar Zein Ahmad Ardhi Mauluddin Sitorus Ahmad Mabrur Ahmad Zulfikri Amar Adly Anastasya, Windy Apriani, Sintia ARDIANSYAH ARDIANSYAH Aripin, Musa Assaid, Lukman Azhari Akmal Tarigan Dewi, Tika Endra Wijaya, Septeddy Fauzi, Rizky Fauziah Nasution Firnanda, Wahyuni Hafifah, Mutia Harahap, Arifuddin Muda Khairul Fahmi Harahap M Amar Adly Marpaung, Safriadi Muhammad Amar Adly Muhammad Jihad Azni Lubis Musa Aripin Najjar Alavi, Ivan Nurhayati Nurhayati Pagar Pagar Pagar, Pagar Permana, Yudhi Prasetiya, Nurul Huda Prasetya, Nurul Huda Putra Apriadi Siregar Putra Siregar Rahmawaty, Fauziyah Rinaldi, Deby Sahliah, Sahliah Siagian, Abdul Hakim Yuniar Rahmawati, Yuniar Zahra Ramadhani Zakiah Rahmi Siagian