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All Journal JURNAL HUKUM Insani: Jurnal Pranata Sosial Hukum Islam
Henny Saida Flora
Universitas Katolik Santo Thomas, Medan, Indonesia
Religion Humanities Social Sciences

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The Urgency of Restorative Justice in Renewing Criminal Law Henny Saida Flora; Maidin Gultom; Parulian Samosir; Khomaini Khomaini; Bobur Sobirov
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38943

Abstract

This change in the concept of punishment is partly due to the consequences of imprisonment having greater negative effects and not proving its success in reducing crime rates. The purpose of this writing is to analyze the retributive justice paradigm in current criminal law enforcement, and to analyze the urgency of restorative justice in criminal law reform in Indonesia. The research uses a normative juridical approach and the specifications of this research use descriptive analysis methods. The results of this research are that the punishment system through imprisonment makes a prisoner isolated from society and family, so that psychologically the prisoner can experience stress and decline in mental health. The concept of restorative justice offers a recovery process that involves the perpetrator and victim or the victim's family directly in solving the problem. The application of restorative justice returns the conflict to the parties in order to emphasize human rights and the need to restore the impact of social injustice in a simple way, still providing the perpetrators with justice rather than formal (legal) justice where victims do not get justice. Restorative justice also seeks to restore security, personal respect and dignity to the victim.
The Reconstruction of Islamic Law from a Sociological Perspective Henny Saida Flora; Faris Sulaiman; Amina Zahra; Adam Zayn; M. Rusdi
Insani: Jurnal Pranata Sosial Hukum Islam Vol. 2 No. 1 (2026): Insani: Jurnal Pranata Sosial Hukum Islam
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/insani.v2i1.89

Abstract

Normative authority no longer relies solely on sacred texts, but is dynamically negotiated through power relations, social practices and collective consciousness. This study aims to analyse the reconstruction of Islamic law from a sociological perspective by examining the relationship between legal norms, social dynamics, power structures and interactions between actors in the formation of legal legitimacy. This study employs a qualitative approach with a critical socio-legal design that integrates a normative analysis of Islamic law with the empirical realities of society. The findings indicate that the legitimacy of Islamic law no longer rests solely on textual authority, but is shaped through an ongoing process of negotiation between the text, the social context, and legal actors within an increasingly pluralistic and digitalised society. The novelty of this study lies in developing a framework for the reconstruction of Islamic law that integrates living law, legal pluralism, digital transformation, and an orientation towards maqāṣid al-sharī‘ah as the foundation for law that is both adaptive and transformative. These findings underscore the need for legal reform through an interdisciplinary approach, strengthening religious legal literacy, and developing a more participatory legal authority to ensure that Islamic law remains relevant in the face of social change. Nevertheless, this study still has limitations in terms of the scope of cross-contextual empirical evidence and has not yet tested the proposed reconstruction model in institutional practice. Therefore, further research needs to conduct empirical validation through comparative studies and implement the model across various legal systems and public policies.
Co-Authors Adam Zayn Amina Zahra Bobur Sobirov Faris Sulaiman Khomaini Khomaini M. Rusdi Maidin Gultom Parulian Samosir