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All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Journal of Islamic Law
Ali Sodiqin
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice dalam Tindak Pidana Pembunuhan: Perspektif Hukum Pidana Indonesia dan Hukum Pidana Islam Ali Sodiqin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 49, No 1 (2015)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2015.49.1.63-100

Abstract

The completion of the homicide in Indonesia didnt have effectiveness, both in order to give a deterrent effect and the creation of the security and peace in society. Conventional punishment process, as applicable in Indonesia, didnt give space to the parties (the victim, offender, and community ) involved to participate actively in solving their problems. Position of the State was too dominant, thus denying the people's participation in law enforcement. Imprisonment system adopted in Indonesian criminal law also didnt provide a comprehensive solution. Retributive justice approach adopted by the Indonesian criminal law needs to be reformed and replaced with a restorative justice. Restoration is an alternative approach to solve crime that emphasized on recovery conflicts and rebulid balances in society. This approach has been also applied in many countries, both of which adopted the system of criminal law and civillaw (France, Germany, the Netherlands), or apply the common law system of criminal law (United States, Canada, Australia). This approach is already practiced in Islamic criminal law, namely the law of qisas. In completion of murder, procedure of Qisas involving all parties, namely the victim, offender and community. Family of victim have the right to determine the punishment, whether qisas (killed), or diyat (pay a fine), or give forgiveness to the offender . The existence of three alternative penalties and engagement of the litigants shows that Islamic criminal law applying restorative justice approach. Position of Sultan (the State) is a mediator as well as a supervisor in law enforcement. Completion of this approach is able to resolve crimes with rebuilding relations after the criminal act.
Dinamika Konstitusi Islam: Dari Periode Kekhilafahan hingga Nation-State Ali Sodiqin; Anwar M Radiamoda
Journal of Islamic Law Vol 2 No 2 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i2.241

Abstract

The debate about the form of the state in Islam took place among Muslim intellectuals. Normatively, the unclear arguments about the relationship between religion and the state in Islamic sources are the leading cause. Historically, there are various forms of Islamic state practiced by Muslims from classical to modern times. This article discusses the dynamics of the constitution practiced by Islamic countries throughout history, from the Prophet to the present. Why is the Islamic constitution different in its arrangement and application in the history of Islamic governance? What are the factors that influence that diversity? The questions discussed in this article use a historical approach to mapping continuity and change in the Islamic constitution. In the period of the caliphate, there was no written constitution as the basis for statehood. The caliph is the constitution itself because of its absolute power. During the nation-state period, there were differences in the placement of Islam as a religious state, shariah as the only source of law, and judicial institutions that sought to adjust the compatibility of the shariah. Four factors cause the diversity of constitution in Islamic countries; the absence of specific rules about state administration in Islamic sources, the centralist and absolute power of caliph, the participation in the development of traditions that developed at that time, and the influence of western countries through colonialism in the Islamic world.
Co-Authors Anwar M Radiamoda