Journal of Islamic Law and Wisdom
Vol. 1 No. 1 (2025): June 2025

Penerapan Restorative Justice dalam Penanganan Anak sebagai Pelaku Tindak Pidana dalam Perspektif Hukum Islam

Miftahhurahmah Miftahhurahmah (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Miswardi Miswardi (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
M. Khairul Arwani (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)
Zulheldi Zulheldi (Universitas Islam Negeri Imam Bonjol Padang)



Article Info

Publish Date
07 Jun 2025

Abstract

Handling of children as perpetrators of criminal acts cannot be equated with adults. This study aims to examine the application of restorative justice in handling children as perpetrators of criminal acts and the perspective of national criminal law and Islamic criminal law. The type of research conducted is library research with data sourced from primary, secondary and tertiary data sources. The collected data is then analyzed using qualitative data analysis methods. This study concludes that the application of restorative justice in resolving criminal acts whose perpetrators are in the criminal law system in Indonesia is relatively new since the birth of the Child SPPA Law which regulates the diversion mechanism in it. According to this regulation, children who commit crimes with a threat of less than 7 (seven) years must be resolved using a diversion mechanism. The restorative justice approach is indeed not known in Islamic criminal law, but its principles are identical to the practice of diyat and peace (ishlah) in Islamic criminal law.

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Journal Info

Abbrev

jilaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal on Islamic Law and Wisdom (JILAW) focuses on field research and literature reviews in the field of Islamic law. The journal aims to present scholarly perspectives on the development, application, and contextualization of Islamic legal thought in response to contemporary challenges, ...