Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Reconstruction of Legal Policies for the Implementation of Fines Based on Islamic Values

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310820,
        author={Ira Alia Maerani and Nuridin  Nuridin and Eko  Soponyono},
        title={Reconstruction of Legal Policies for the Implementation of Fines Based on Islamic Values},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={reconstruction; criminal implementation law; criminal fines; diyat; islamic values},
        doi={10.4108/eai.3-6-2021.2310820}
    }
    
  • Ira Alia Maerani
    Nuridin Nuridin
    Eko Soponyono
    Year: 2021
    Reconstruction of Legal Policies for the Implementation of Fines Based on Islamic Values
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310820
Ira Alia Maerani1,*, Nuridin Nuridin1, Eko Soponyono1
  • 1: Universitas Islam Sultan Agung (UNISSULA), Semarang, Indonesia
*Contact email: ira.alia@unissula.ac.id

Abstract

This paper aims to analyze the policy of implementing criminal law in the criminal system in Indonesia and to analyze the formulation of the law on the implementation of criminal fines in the Draft Criminal Code (RKUHP) in the future and to find out the concept of Diyat in Islamic Criminal Law as an effort to reconstruct policy. criminal fines in order to fulfill a sense of justice in society. Especially in order to provide protection for victims. The approach method used is juridical normative with a statutory approach; conceptual approach; and a comparative approach. The type of data used is secondary data and the nature of the descriptive analysis research. Types of crime (criminal system) as stipulated in the Criminal Code and the Criminal Procedure Code stipulate that fine are one of the main types of crimes. Fines are considered quite effective in providing a deterrent effect and providing alternative solutions to justice besides imprisonment (the crime of eliminating the freedom of others). However, what needs to be considered in an effort to reconstruct this fine is a policy to provide protection for victims and this has been regulated in Islamic Criminal Law in the concept of Diyat. Therefore, this article will make Islamic values in Islamic Criminal Law as a reference in comparative studies.