Restorative Justice in the Implementation of Criminal Case Trials from an Islamic Law Perspective (Analysis of Inspector General Badilum's Decree No. 1691/DJU/PS.00/12/2020) Regarding the Implementation of Guidelines for the Implementation of Restorative Justice

Abstract

Restorative justice is the resolution of criminal cases by emphasizing direct participation from the perpetrator of the crime, the victim and the community. The aim of restorative justice is to obtain clarity from an incident that occurred by encouraging the perpetrator, restoring the victim's losses, reintegrating the victim into society and providing collective accountability. In the general justice environment there are also guidelines for resolving cases issued by the Director General of Badilum. The aim of this research is to find out the concept of restorative justice in the Decree of the Director General of Badilum and alsoThe analysis is based on Islamic law and judicial principles. The research method used is normative juridical with data sources in the form of legal materials. The results of this research include: that the concept of restorative justice contained in the Decree of the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 includes the resolution of criminal cases with classification types, light criminal cases, children's cases, women's cases facing with narcotics law and cases. Then if it is analyzed that the decision aims to provide convenience for justice seekers, so that if it is linked it is in accordance with the rules of fiqhiyyah which state that a leader's decisions must be oriented towards benefit. Apart from being in accordance with the concept of mashlahah in Islamic law, the concept of resolving cases using a restorative justice approach is also to uphold the principles of fast, simple and low-cost justice.