Alternatives to Criminal Conviction in a Comparative Analysis of Positive Law and Islamic Criminal Law

Bibliographic Data

ID22353095
AuthorsFauzan Fauzan (0009-0009-9221-6354, Fatmawati Hospital, corresponding author)
Year2022
Volume7
Issue1
Pages185
Publication date2022-05-30
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAl-Istinbath: Jurnal Hukum Islam (JOURNAL)
Journal identifiersISSN: 2548-3374 • E-ISSN: 2548-3382
PublisherIAIN Curup (PUBLISHER)
DOI10.29240/jhi.v7i1.4308
OpenAlexW4283215632
LanguageEN
Citations received4

This paper aims to comprehensively analyze the concept of alternative punishment in a comparative study of positive law and Islamic criminal law. Currently, imprisonment is still the main choice, causing overcrowding in prisons in Indonesia. Sharp criticism and dissatisfaction with imprisonment have prompted the development of alternative punishments other than imprisonment that are in accordance with the purpose of punishment. This study is a type of qualitative research using data collection techniques through literature studies. The data used in this study was taken from secondary data from various literatures consisting of books, journals, mass media, news, social media related to alternative sentencing. The conclusion of this paper shows that in positive law, alternative provisions for punishment other than imprisonment have been regulated in the Criminal Code (KUHP) and other laws and regulations, including in the form of fines (compensation), rehabilitation sanctions for narcotics abuse cases, and settlement of criminal cases outside the court (APS) by prioritizing the principle of restorative justice, namely peace and forgiveness, for the perpetrators, victims and the community. In positive law, alternative punishment has an ideal concept with the aim of sentencing that leads to recovery, not retaliation. This paper also concludes that in the concept of Islamic criminal law, the provision of alternative punishments contains the principles in maqashid sharia, namely in maintaining religion ( al-dîn ), soul (al-nafs ), offspring ( al-nasl ), property ( al-mâl ) and reason ( al-aql )

Comparative law · Conviction · Criminal Code · Criminal justice · Criminal law · Criminology · Imprisonment · Islam · Political science · Positive law · Private law · Sanctions · Sharia · Sociology · Law · Legal and Social Justice Studies · Legal Studies and Policies · Marriage and Family Dynamics · Psychology · Social Psychology

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