Review Paper
Year: 2021 | Month: November | Volume: 8 | Issue: 11 | Pages: 410-418
DOI: https://doi.org/10.52403/ijrr.20211152
Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law
Sugianto1, Wahyu Oktaviandi2
1Graduate Lecturer of IAIN Sheikh Nurjati Cirebon
2Master of Law Students Postgraduate IAIN Sheikh Nurjati Cirebon
Corresponding Author: Sugianto
ABSTRACT
Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court.
Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.
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