Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

The Concept of Restorative Justice in Criminal Law from the Perspective of Islamic Criminal Law

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343525,
        author={Reski  Anwar},
        title={The Concept of Restorative Justice in Criminal Law from the Perspective of Islamic Criminal Law},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={restorative justice criminal law islamic criminal law},
        doi={10.4108/eai.21-10-2023.2343525}
    }
    
  • Reski Anwar
    Year: 2024
    The Concept of Restorative Justice in Criminal Law from the Perspective of Islamic Criminal Law
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343525
Reski Anwar1,*
  • 1: Fakultas Syariah dan Ekonomi Islam, IAIN Syaikh Abdurrahman Siddik Bangka Belitung, Indonesia
*Contact email: reskibelitong@gmail.com

Abstract

The presence of supporting helpful equity is a response to the retributive worldview of criminal guideline which actually has a direction towards reprisal, and the neoclassical speculation which lies in equivalent treatment of criminal regulation disciplines. The next important considerations when using restorative justice, which is useful for resolving criminal issues, include paying attention to the elements of justice, humanity, peace, or peace be upon both parties, which states that perpetrators cannot be punished and neither the victim nor the perpetrator agrees to make peace. The legality principle and the restoration justice approach are influenced by a relationship. First, the legality and justice for recovery instruments serve to uphold the law. Second, both the supportive rebuilding approach and the lawfulness standard are instruments that are supposed to give a feeling of equity to all individuals. Thirdly, the restorative justice approach and the legality principle will work well together in the process of law enforcement.