Restorative Justice in Termination of Prosecution: Analysis from the Perspective of Islamic Criminal Law

This study aims to analyze the effectiveness of implementing restorative justice in terminating prosecutions for minor criminal offenses within the jurisdiction of the Jambi High Prosecutor’s Office and to examine its implementation from the perspective of Islamic criminal law. This research employs an empirical legal approach using qualitative methods. Primary data were obtained through interviews with prosecutors and parties involved in the resolution of criminal cases, while secondary data were collected through a literature review of legislation, legal documents, books, and scholarly articles. The data were analyzed using Soerjono Soekanto’s theory of legal effectiveness, which encompasses legal factors, law enforcement officials, facilities and infrastructure, society, and legal culture, combined with the theory of restorative justice and the perspective of Islamic criminal law. The findings indicate that implementing restorative justice has contributed to faster, more equitable case resolution while emphasizing the restoration of relationships among offenders, victims, and the community. Nevertheless, its effectiveness depends on consistent regulatory implementation, law enforcement capacity, institutional support, community participation, and a legal culture that remains predominantly oriented toward punishment. From the perspective of Islamic criminal law, the implementation of restorative justice is consistent with the principles of al-ṣulḥ, al-iṣlāḥ, al-ʿafw, and maqāṣid al-sharīʿah, which emphasize reconciliation, restoration, and the attainment of public benefit (maṣlaḥah). Therefore, strengthening the implementation of restorative justice should remain a priority in developing a more effective, humane, and just criminal justice system.