Kanun: Jurnal Ilmu Hukum
Vol 27, No 1: April 2025: Customary Law and development in Indonesia

ISLAMIC LEGAL PRINCIPLES AND NATIONAL REFORM: A STUDY OF THE 2023 INDONESIAN PENAL CODE

Rokhim, Abdul (Unknown)
Abdullah Lawang, Karimuddin (Unknown)
Zuraida, Zuraida (Unknown)
Muhammad Syahrul, Fatahillah (Unknown)



Article Info

Publish Date
09 Aug 2025

Abstract

This study examine the transformation of the concept of justice in Islamic criminal law as a contribution to the reform of national criminal law. The assess the extent to which the principles of justice in Islamic criminal law, such as proportional justice, victim protection, and the principle of public benefit (maslahah), have been incorporated into the new national criminal law system, particularly within the 2023 Indonesian Penal Code (KUHP). This research employs a doctrinal method through literature analysis, drawing on national legislation, jurisprudence, and both classical and contemporary Islamic legal thought. The findings reveal that although several Islamic legal principles are beginning to be accommodated, such as the application of restorative justice, a more humane sentencing approach, and the acknowledgment of local values, this integration remains partial and does not yet fully reflect the comprehensive framework of Islamic justice. Therefore, transforming the national criminal law system through the values of Islamic legal principles is a strategic step toward building a justice system that is more responsive, substantively fair, and aligned with the Indonesian national identity.

Copyrights © 2025






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...