Al-Adalah: Jurnal Hukum dan Politik Islam
Vol. 11 No. 2 (2026)

Between Reconciliation and Justice: Reactualizing As-Sulḥ in Resolving Juvenile Violence within Indonesia’s Legal Pluralism

Nasution, Tomi Adi Syahputra (Unknown)
Lubis, Zulpahmi (Unknown)



Article Info

Publish Date
18 Apr 2026

Abstract

This study examines the tension between reconciliation and justice in the regulation of assault-related offenses under Indonesian positive criminal law and Islamic criminal law, while critically analyzing the implementation of as-sulḥ in resolving juvenile violence within the Halongonan community of North Padang Lawas. Adopting a socio-legal empirical approach, this research conceptualizes law as a social practice (law in action) and draws on qualitative data from in-depth interviews with community leaders, religious figures, and local residents. Data were analyzed using constant comparative analysis based on three key indicators: voluntariness, power balance, and substantive justice. The findings reveal that although as-sulḥ normatively promotes reconciliation, forgiveness, and the restoration of social relations, its practical application often reflects a tension between reconciliation and justice, manifested in the form of pseudo-reconciliation. Settlements tend to occur under social pressure and unequal power relations, making them formalistic and transactional, and failing to fully embody the principles of al-riḍā’ (consent), ‘adālah (justice), and maṣlaḥah (public interest).  In response, this study argues for the reactualization of as-sulḥ through the integration of restorative justice, the principles of maqāṣid al-sharī‘ah, and the national criminal law framework within Indonesia’s plural legal system. Theoretically, it contributes to the discourse on reconciliation and justice in legal pluralism, while practically offering a more just, reflective, and context-sensitive model for resolving juvenile violence.

Copyrights © 2026






Journal Info

Abbrev

aladalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and ...