Journal Equity of Law and Governance
Vol. 5 No. 1

Restorative Justice Based On An Islamic Legal Perspective In Cases Of Children As Criminal Offenders

Anwar Mayer Siregar (Universitas Lampung)



Article Info

Publish Date
13 Jan 2025

Abstract

Most criminal cases in Indonesia adhered to the revenge theory, this has an impact on overloaded prisons and detention centers. Islamic law, one of Indonesia's oldest laws after law customs, apparently has also regulated restorative justice. Principle restorative justice in law Islam uses draft qisas and diyat payment. This study examines the regulation and implementation of restorative justice in Islamic law, with a focus on protecting the rights of child offenders. This research uses a normative research method using a conceptual approach, namely an approach that analyzes the resolution of a problem. The results obtained from this research conclude that there is also a concept of restorative justice in Islamic law, which differentiates between the two only in terms. In Islamic law, restorative justice is often called forgiveness and diyat. Both are dispute resolution methods through non-litigation and require a third party as a mediator. Resolving children's problems using the concept of restorative justice is very appropriate if implemented in cases of children who commit criminal acts.

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Journal Info

Abbrev

elg

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly ...