Application of the Restorative Justice System in a Comparison of Criminal Law and Islamic Law in Indonesia

Sutejo Sutejo


Restorative justice is an approach in efforts to resolve criminal acts by emphasizing direct participation between the perpetrator of the crime, the victim, family and the community with the aim of ensuring that legal problems arising as a result of criminal acts can be resolved properly according to the agreement between the parties. The aim of this research is to determine the application of the restorative justice system between criminal law and Islamic law in Indonesia, the basis for the application of restorative justice in resolving criminal cases, a comparison of restorative justice according to criminal law and Islamic law in Indonesia which shows the differences and similarities in the two laws. This research was conducted using normative juridical research methods, namely research which in its study refers to and is based on legal norms and rules as well as applicable laws and regulations, legal theories and doctrines as well as other literature materials relevant to the research topic. The collection of legal materials was carried out through literature study, through reviewing theories and regulations governing restorative justice. The results of this research show: 1) in Indonesian criminal law, the concept of restorative justice applies to minor crimes, child crimes, and women's crimes. 2) in Islamic law, the concept of restorative justice is applied Qishas law applies to serious crimes such as murder and assault. 3) The basic considerations for implementing restorative justice are the justice aspect, the humanitarian aspect, the public interest aspect, the forgiveness aspect, and the peace aspect.4) The difference between the two concepts of restorative justice, criminal law and Islamic law, can be seen from the type of criminal act and the compensation system, while the similarity between the two is that both concepts are both alternatives for resolving a criminal case.


Criminal; Islamic; Justice; Restorative.

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