Jurnal Ilmu Syariah dan Hukum
Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum

DIVERSI DALAM PENEGAKKAN HUKUM IN CONCRETO (PERSPEKTIF HUKUM PIDANA ISLAM)

Arafat, Muhammad (Unknown)
Tono, Sidik (Unknown)
Mulyaningsih, Rizki (Unknown)



Article Info

Publish Date
29 Dec 2024

Abstract

The enforcement of in concreto law refers to the practical implementation of law, transforming it from an abstract concept into a concrete application. Diversion, as an alternative resolution for juvenile cases outside the formal criminal justice system, aims to prevent stigmatization and allows children to reintegrate into their social environment in a balanced manner. This study employs a library research method with a juridical-normative approach, collecting data through documentation and analyzing it descriptively. The findings reveal that restorative justice and diversion focus on restoring losses suffered by victims, providing opportunities for offenders to participate in the recovery process, and involving the community in maintaining equitable peace. However, despite the extensive discussion of restorative justice and diversion in existing literature, there remains a gap in integrating Islamic legal principles, particularly As-sulh, into their application for juvenile cases. This raises two main questions: how can the concept of diversion be aligned with the principles of As-sulh to support the protection of children

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Journal Info

Abbrev

jisyaku

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Focus and Scope: 1. Islamic Law 2. Islamic Law and Politics 3. Islamic Law and Gender 4. Islamic Law and Contemporary Issue 5. Islamic Family Law 6. Islamic Criminal Law 7. Sharia Economic Law 8. Islamic Constitutional Law 9. Islamic Jurisprudence 10. Law ...