Application of Restorative Justice Against Oil Palm Theft: Analysis of Islamic Criminal Law Case Study Medan Labuhan District

Palm oil theft is a common crime in Indonesia, regulated by positive law. However, in the case of theft crimes in Medan Labuhan District, the use of restorative justice and Islamic criminal law is used to resolve these cases. This study aims to analyze the role of restorative justice in handling oil palm theft cases in Medan Labuhan sub-district from the perspective of Islamic criminal law. Restorative justice focuses on restoring relationships between victims and the community through dialogue and mutual attestation, compared to a retributive approach that focuses on providing punishment. This qualitative research, using empirical juridical approaches and field research techniques, concludes that restorative justice in the Islamic criminal law system can be an effective alternative in handling theft cases, especially in the community of Medan Labuhan District. This approach aligns with the principles of shura (deliberation), which prioritize peaceful settlement and the restoration of social relations.

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Publication Details

Journal
Alauddin Law Development Journal
Published
2024-08-30
DOI
https://doi.org/10.24252/aldev.v6i2.48692
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Application of Restorative Justice Against Oil Palm Theft: Analysis of Islamic Criminal Law Case Study Medan Labuhan District

Zulkarnain Zulkarnain, Nurul Muhairina
Alauddin Law Development Journal
Indonesian Legal and Regulatory Studies
article

Application of Restorative Justice Against Oil Palm Theft: Analysis of Islamic Criminal Law Case Study Medan Labuhan District

Zulkarnain Zulkarnain, Nurul Muhairina
article en

Abstract

Palm oil theft is a common crime in Indonesia, regulated by positive law. However, in the case of theft crimes in Medan Labuhan District, the use of restorative justice and Islamic criminal law is used to resolve these cases. This study aims to analyze the role of restorative justice in handling oil palm theft cases in Medan Labuhan sub-district from the perspective of Islamic criminal law. Restorative justice focuses on restoring relationships between victims and the community through dialogue and mutual attestation, compared to a retributive approach that focuses on providing punishment. This qualitative research, using empirical juridical approaches and field research techniques, concludes that restorative justice in the Islamic criminal law system can be an effective alternative in handling theft cases, especially in the community of Medan Labuhan District. This approach aligns with the principles of shura (deliberation), which prioritize peaceful settlement and the restoration of social relations.

Alauddin Law Development JournalVol. 6(2)
Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 77%
Indonesian Legal and Regulatory Studies
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