Islamic Criminal Law Review On Termination Of Prosecutions Based On Restorative Justice

Abstract

The purpose of this study is to describe and describe the provisions and mechanisms of restorative justice in the settlement of cases of the crime of persecution, to describe the theory of restorative justice in the Islamic criminal law order, to describe the comparison of restorative justice in the Islamic criminal law system and the criminal law system in Indonesia. The research method used by the author is normative juridical. The results of this study obtained provisions for restorative justice in the settlement of cases of the Crime of Persecution which are regulated in the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The theory of restorative justice in the order of Islamic criminal law uses jarimah qisas diyat whose criminal determination is the right of the victim and also his heirs including in Islamic criminal law in order to settle cases of persecution can also be done by providing compensation or in accordance with the agreement of both parties, but in Islamic criminal law there is no limit to the threat of punishment given, even murder cases can be carried out with restorative justice, in contrast to the existing provisions in the Regulation of the Attorney General of the Republic of Indonesia which requires a maximum imprisonment of not more than 5 (five) years and the suspect has committed a crime for the first time.