Analisis Hukum Penyelesaian Perkara Pidana Melalui Restorative Justice

Abstract

This study aims to analyze the practice of resolving criminal cases through restorative justice at the Muna District Attorney’s Office, identify obstacles to its implementation, and examine its correlation with Islamic criminal law principles. The study employed empirical legal research with a qualitative approach. The findings indicate that restorative justice at the Muna District Attorney’s Office has been implemented by referring to Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 and criminal procedural law, with requirements including a maximum criminal threat of five years, a non-recidivist offender, admission of wrongdoing, voluntary reconciliation between victim and offender, and restoration of the victim’s losses. The process is conducted through mediation aimed at restoring social relations, victims’ rights, and offenders’ responsibility. Its implementation still faces obstacles, including limited public understanding, pressure or intervention by certain parties, failure to reach agreement, limited technical rules, and the perception that restorative justice weakens deterrence. From the perspective of Islamic criminal law, restorative justice correlates with the concepts of islah, sulh, diyat, and forgiveness because they emphasize reconciliation, restoration, forgiveness, and public benefit. Nevertheless, this correlation has limits because not every jarimah may be settled through reconciliation, particularly offenses involving rights of God.