Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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The implementation of restorative justice concept in the criminal justice system based on Maqashid Syariah
Denny Satria

Last modified: 2023-08-24

Abstract


The dominant conventional approach in the criminal justice system often focuses on punishment and the separation of offenders from society without considering the restorative aspects that involve the restoration of relationships between offenders, victims, and the community. The application of Restorative Justice in the criminal justice system based on Maqashid Shariah provides a better solution for achieving holistic justice and restoring social harmony. The purpose of this study is to analyze the implementation of Restorative Justice in the criminal justice system with reference to the principles of Maqashid Shariah. The method used in this study is normative legal research or library legal research. This method does not involve collecting primary data through field research but instead focuses on the analysis and interpretation of existing legal documents. The results revealed that Restorative Justice based on Maqashid Syariah can be used to restore the harm caused by criminal actions through reconciliation, restitution, rehabilitation, and reintegration efforts. The results of this research can serve as a guide for policymakers, legal practitioners, and other relevant parties in improving the criminal justice system to align with the principles of Islamic justice and provide better solutions for the community.

Keywords


Restorative justice; criminal justice system: Maqashid Syariah

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