The Implementasi Regulasi Pemidanaan Terhadap Tindak Pidana Ringan Perspektif Restoratif Justice dan Tafsir QS. Al-Maidah: 33-34

On August 2, 2009, in Darmakradenan Village, Ajibarang District, Banyumas, Central Java, Grandma Minah who was farming on her land which was also used as a cocoa plantation by PT RSA, took some cocoa fruits without permission. Grandma Minah's actions were later discovered by a plantation foreman who was on patrol. This research method uses a normative legal research method using the Case Approach which examines cases that occur in society and then examines them from the perspective of laws and regulations. The results of the study showed that there were weaknesses in the regulation of criminal penalties for minor crimes, as well as handling criminal acts using the conventional justice system or restorative justice in Grandma Minah's case and there was a view of Munir's Interpretation of QS Surat Al-Maidah verses 33 & 34 regarding criminal cases that Allah SWT allows them to turn it around before being arrested. However, if the repentance is sincere because of Allah SWT, not just a trick to avoid punishment, then the punishment is dropped.

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Publication Details

Journal
As-Shahifah Journal of Constitutional Law and Governance
Published
2024-12-26
DOI
https://doi.org/10.19105/asshahifah.v4i2.17277
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

The Implementasi Regulasi Pemidanaan Terhadap Tindak Pidana Ringan Perspektif Restoratif Justice dan Tafsir QS. Al-Maidah: 33-34

Salma Dina
As-Shahifah Journal of Constitutional Law and Governance
Legal Studies and Policies
article

The Implementasi Regulasi Pemidanaan Terhadap Tindak Pidana Ringan Perspektif Restoratif Justice dan Tafsir QS. Al-Maidah: 33-34

Salma Dina
article en

Abstract

On August 2, 2009, in Darmakradenan Village, Ajibarang District, Banyumas, Central Java, Grandma Minah who was farming on her land which was also used as a cocoa plantation by PT RSA, took some cocoa fruits without permission. Grandma Minah's actions were later discovered by a plantation foreman who was on patrol. This research method uses a normative legal research method using the Case Approach which examines cases that occur in society and then examines them from the perspective of laws and regulations. The results of the study showed that there were weaknesses in the regulation of criminal penalties for minor crimes, as well as handling criminal acts using the conventional justice system or restorative justice in Grandma Minah's case and there was a view of Munir's Interpretation of QS Surat Al-Maidah verses 33 & 34 regarding criminal cases that Allah SWT allows them to turn it around before being arrested. However, if the repentance is sincere because of Allah SWT, not just a trick to avoid punishment, then the punishment is dropped.

As-Shahifah Journal of Constitutional Law and GovernanceVol. 4(2)
Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 45%
Legal Studies and Policies
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