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All Journal Al-Ahkam INJURITY: Journal of Interdisciplinary Studies
Angkasa Angkasa
Universitas Jenderal Soedirman, Purwokerto
Religion Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Reformulation of the Legal Politics of Restorative Justice in Handling Minor Criminal Offenses under Law Number 1 of 2023 on the Criminal Code Muhammad Ridho Hakiki; Angkasa Angkasa; Abdul Haris Semendawai
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 5 No. 2 (2026): Injurity: Interdiciplinary Journal and Humanity
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v5i2.1519

Abstract

The enactment of Law Number 1 of 2023 on the Criminal Code marks a significant shift in Indonesia’s criminal law reform, including the implicit recognition of restorative justice within sentencing policy. This condition reflects the absence of a coherent legal policy framework that positions restorative justice as an integral component of national criminal law policy; instead, it continues to be treated primarily as an alternative or administrative practice rather than a formally institutionalized legal mechanism. This study employs a normative juridical research method, utilizing both statutory and conceptual approaches to examine the implementation of restorative justice in the treatment of minor offences under the newly enacted Criminal Code. The analysis is grounded in the legal system theory framework, encompassing legal substance, legal structure, and legal culture, to identify structural factors contributing to the suboptimal effectiveness of restorative justice in Indonesia. The findings demonstrate that restorative justice has not been explicitly institutionalized within the Criminal Code, resulting in legal uncertainty, fragmented institutional practices, and continued reliance on the discretionary authority of law enforcement officials. Furthermore, this study challenges the conventional assumption that restorative justice undermines the deterrent function of criminal law. It argues that, when properly designed and subject to adequate oversight, restorative justice can generate moral, social, and psychological deterrent effects that are more proportionate and effective in addressing minor offences than fear-based punitive sanctions.
Islamic Law Analysis of the Prosecutor's Authority in Asset Forfeiture from Corruption Budi Utama; Angkasa Angkasa; Kuat Puji Prayitno; Tedi Sudrajat; Muhammad Ainun Najib
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.26343

Abstract

Efforts to recover assets resulting from corruption remain hindered by legal loopholes and concealment strategies, especially when offenders register illicit assets under the names of third parties. This study explores how prosecutors perceive the legitimacy of such assets and their views on the necessity of reforming Indonesia’s asset forfeiture framework. Using a qualitative empirical design, the research is based on semi-structured interviews with four prosecutors who have handled corruption cases involving complex asset ownership. The findings reveal that prosecutors consistently view these assets as materially and morally illegitimate, even if formally registered under others' names. They also support introducing a non-conviction-based asset forfeiture (NCBAF) model to overcome the limitations of conviction-dependent mechanisms, especially in cases where suspects die or flee. Islamic legal principles, such as the ḥifẓ al-māl (preservation of wealth) and taʿzīr bi al-māl or discretionary penalties targeting unlawfully acquired assets, offer a moral and doctrinal basis for such reforms. These insights contribute to ongoing legal debates and support the development of a more effective and ethically grounded policy for asset recovery in corruption cases.
Co-Authors Abdul Haris Semendawai Budi Utama Kuat Puji Prayitno Muhammad Ainun Najib Muhammad Ridho Hakiki Tedi Sudrajat