Penerapan Restorative Justice dalam Sistem Peradilan Pidana Indonesia: Analisis Komparatif Hukum Positif dan Konsep Diyat Hukum Islam
Year: 2026
Type: article
Abstract: Retributive punishment has shown its limits, prompting victim-oriented justice built on offender accountability, reparation, and social reconciliation. In Indonesia, restorative justice has been institutionalized through Attorney General Regulation No. 15 of 2020, National Police Regulation No. 8 of 2021, and Law No. 1 of 2023 on the Criminal Code. However, its normative relationship with victim compensation in Islamic criminal jurisprudence remains underexplored. This study examines restorative justice within the Indonesian criminal justice system through a comparison with the Islamic concept of diyat. Using normative legal research, it applies statutory, conceptual, and comparative approaches. The findings show that both frameworks share principles of victim protection, offender accountability, compensation, and restoration of social relations, yet differ in legal structure and the position of victims. Restorative justice depends on statutory requirements and institutional discretion, whereas diyat is a normatively recognized compensation, with 'afwu (forgiveness) as the basis for reconciliation. The study argues that diyat can strengthen substantive restitution and victim participation in Indonesia's criminal justice reform.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225903014
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