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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Waraqat : Jurnal Ilmu_Ilmu Keislaman
Noor Azizah
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Criminal Sanctions for Terrorism Perpetrators in the Perspective of Islamic Criminal Law : (Bali Bombing Case Study I) Muhammad Arif Fattahillah; Noor Azizah
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 9 No. 1 (2024): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v9i1.786

Abstract

When the crime of terrorism of the Bali bombing on October 12, 2002 occurred in Indonesia, which is not a country that applies Islamic law, then this became a problem among Muslims in Indonesia. it is clear that the behavior of terrorism is a form of Jarimah Al-Bagyu which sanctions in the form of Qisas and diyat, but in Indonesia there are perpetrators of terrorism who get the death penalty there are those who get life imprisonment with different sanctions sentenced by the judge. The research method used is normative juridical (legal research) which is descriptive analysis with primary data sourced from legal materials. The results of the research conclude that the perpetrators of the Bali I bombing terrorism in Islamic Criminal Law include indirect co-perpetrators (Isytirak ghairul mubasir/isytirak bittasabbubi) appropriately applied in the form of death penalty and life imprisonment. So that this paper will provide an overview of the perpetrators of indirect participation in which sanctions in Islamic criminal law are given in the form of Ta'zir, the judge's verdict in the Indonesian State against terrorism suspects is a form of Ta'zir, namely the punishment for the perpetrator of thejarimah is left entirely to the ruler or judge
Approach Restorative In Loss Recovery Caused by Criminal Acts of Corruption Noor Azizah; Muhammad Syahnan; Zulkarnain
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6552

Abstract

The restorative approach to the recovery of losses caused by criminal acts of corruption offers alternatives that focus on restoring relationships and losses compared to retributive approaches that only emphasize punishment. This study uses a normative juridical method with the law approach to analyze the basic principles of restorative approaches, recovery mechanisms, benefits, challenges, and implementation in Indonesia. The restorative approach is based on the principle of restoring losses, active participation of all parties, and reintegration of the perpetrators. The results of the discussion show that the restorative approach has the potential to increase justice and improve social relations, although there are still significant challenges. The application of this approach in Indonesia requires stronger legal and community support. This study concluded that the restorative approach can improve the law enforcement system with a greater focus on recovery and reintegration. Suggestions for further development include legal reform and increasing community participation to optimize the recovery of losses due to criminal acts of corruption, so that further legal reform is carried out to support restorative mechanisms and increase community participation.
Co-Authors Muhammad Arif Fattahillah Muhammad Syahnan Zulkarnain