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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Mizan: Journal of Islamic Law
Wasman
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Religion Education Law, Crime, Criminology & Criminal Justice

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The Concept of Reconciliation in Islamic Criminal Law and the Implementation of Restorative Justice as a Contribution to Criminal Law Reform in Indonesia Hendra Prayoga; Wasman; Edy Setyawan
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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Abstract

The criminal law system in Indonesia tends to be retributive, with the main focus on sanctioning the perpetrators of criminal acts. This approach is often unable to provide a comprehensive solution to the losses suffered by victims and the restoration of disrupted social relations. In this context, the restorative justice approach comes as a more humanist alternative, with an emphasis on victim recovery, offender accountability, and social reconciliation. Interestingly, the principles of restorative justice are in line with the values in Islamic criminal law, particularly in the concept of ishlah (peace), which provides ample room for the settlement of criminal cases through peace between perpetrators and victims. This concept is in line with the main principles of restorative justice, namely the restoration of social relations, active participation of the parties, and recovery of victims. In Indonesia, the application of restorative justice has begun to be accommodated in various regulations, such as the National Police Chief Regulation Number 8 of 2021 and the new Criminal Code, but its implementation still faces normative and cultural challenges. Keywords: Peace; Islamic Criminal Law; Restorative Justice; and Legal Reform.
Implementasi Program Brus dalam Pencegahan Pernikahan Dini: Analisis Maqāṣid Al-Syarī’ah dan Hukum Positif: Implementation of the Brus Program in Preventing Early Marriage: Analysis of Maqāṣid Al-Syarī’ah and Positive Law Miftahul Munir; Wasman
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 7 No. 1 (2026): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v7i1.2775

Abstract

This study analyzes the implementation and effectiveness of the Harmonious School-Age Youth Guidance Program (BRUSH) in preventing early marriage at the Religious Affairs Office (KUA) of Bodeh District, Pemalang Regency, through the perspectives of Maqashid Syariah and Indonesian positive law. The research aims to assess how BRUSH functions as an educational and preventive tool in fostering legal, moral, and spiritual awareness among adolescents. Employing a qualitative case study approach, data were collected through interviews, observations, and document analysis. The findings indicate that BRUSH is implemented through collaboration among KUA officers, schools, and religious counselors, using interactive methods such as group education, thematic guidance, discussions, and pre-marital simulations focusing on participants’ psychological, legal, and religious readiness. The program effectively reduces early marriage interest and enhances youth literacy on marriage values and reproductive health. Normatively, BRUSH reflects the five objectives of Maqashid Syariah (ḥifẓ ad-dīn, an-nafs, al-‘aql, an-nasl, al-māl) and aligns with Law No. 16 of 2019 on Marriage and Law No. 35 of 2014 on Child Protection. This study contributes to integrating Islamic and national legal frameworks in youth protection policies and strengthens pre-marital education based on Maqashid Syariah at the local level.
Co-Authors Edy Setyawan Hendra Prayoga Miftahul Munir, Miftahul