ISLAH MENURUT HUKUM ISLAM RELEVANSINYA DENGAN PENEGAKAN HUKUM PIDANA DI TINGKAT PENYIDIKAN
Journal Title: YUSTISIA JURNAL HUKUM - Year 2014, Vol 3, Issue 2
Abstract
The purpose of this reseach is to describe the reality of peace at investigation levels, then compared to islah according to Islamic law as the reason of criminal removing, to find / to know the relevance. Based on the relevance, it possible become material for the legislators to formulate islah as a model of law enforcement at the level of investigation. This research is the normative research supported by empirical research. The data used was primary and secondary data. Data was collected by means of study documentation and interviews. Data were analyzed quatitatively dan and presented quatitatively. The research showed that the completion of criminal case based on the agreement between perpetrator and victim, along the case have not reached the judge. If the agreement is violated, they agreed to use the formal law. Criminal case which are resolved with peace/islah personalized and value of the loss is relatively small. Islam placing islah as an alternative the completion of criminal matters, along the case have not reached the judge. In the literature and practice, settling disputes with peace known as Alternative Dispute Resolution (ADR), which is based on Restorative Justice Theory. Al Qur’an has set peace/islah as a model the completion of criminal matters, long before these theories arises. Peace/ islah in the completion of a criminal case at the level of investigation relevant to satisfy the principle of fast, simple, and inexpensive.
Authors and Affiliations
Waluyadi Waluyadi
Keywords
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- EP ID EP425687
- DOI 10.20961/yustisia.v3i2.11090
- Views 118
- Downloads 0
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