Regulation of Forgiving in Islamic Criminal Law and the Criminal Code Bill

Oct 13, 2025 by miodeya.com 98 views

Introduction

In the criminal justice system, the role of victims and families of victims is often limited as witnesses. They are not involved in determining the duration of the demands or punishment imposed on the perpetrators of criminal acts. This often raises a sense of injustice and distrust of the existing legal system. Therefore, there is an urgent need to make a legal breakthrough through the recognition of forgiving given by the victim and the victim's family to the perpetrators of criminal acts.

Regulation of Forgiving in Islamic Criminal Law and the Criminal Code Bill

Forgiveness in Islamic criminal law is regulated through various sources, including the Qur'an and the hadith of the Prophet Muhammad. Islamic law recognizes the importance of forgiving, which not only has an impact on social justice but also provides an opportunity for perpetrators to correct mistakes and achieve forgiveness. Meanwhile, in the context of positive law in Indonesia, the KUHP Bill regulates forgiving as part of customary law and is regulated in Article 55 paragraph (1) letter j. This shows that forgiving is not only religious, but also relevant in the national legal framework.

Sources of Forgiveness in Islamic Criminal Law

Islamic law recognizes the importance of forgiving, which is based on the teachings of the Qur'an and the hadith of the Prophet Muhammad. The Qur'an emphasizes the importance of forgiving and pardoning others, as stated in Surah Al-Baqarah verse 237, which says: "And do not let your hatred of a people incite you to act unjustly. Be just, that is closer to righteousness." (Qur'an 2: 187). The hadith of the Prophet Muhammad also emphasizes the importance of forgiving, as stated in the hadith: "Forgiveness is a virtue, and it is a means of achieving forgiveness from Allah." (Hadith Sahih Bukhari).

Regulation of Forgiving in the KUHP Bill

In the context of positive law in Indonesia, the KUHP Bill regulates forgiving as part of customary law and is regulated in Article 55 paragraph (1) letter j. This article states that forgiving is a means of resolving conflicts and achieving justice, and it is recognized and regulated by law. The KUHP Bill also provides that forgiving can be used as a means of reducing or eliminating punishment, except in the case of Hudud crime which is a serious violation of God's law.

Purpose of Forgiving

The purpose of providing forgiveness by victims or families of victims varies. Broadly speaking, forgiveness is intended to:

Ensuring Justice: Forgiving can be a step to create justice, where the perpetrators and victims can communicate and try to reach an agreement.
Providing Legal Certainty: In the legal context, forgiving can guarantee legal certainty, where this action is recognized and regulated by law.
Reducing Suffering: Forgiving can reduce the suffering of victims and their families, and it can also provide a sense of closure and healing.
Promoting Reconciliation: Forgiving can promote reconciliation between the perpetrators and victims, and it can also promote social cohesion and harmony.

Forgiving Formulation in Law

In Islamic criminal law, forgiving formulation can potentially reduce or even eliminate punishment, except in the case of Hudud crime which is a serious violation of God's law. Conversely, in the Criminal Code Bill, forgiving is seen as something that is only a judge in bringing down the decision, so that it does not have the same strength as in Islamic law.

Comparison of Forgiving Formulation in Islamic Criminal Law and the Criminal Code Bill

The formulation of forgiving in Islamic criminal law and the Criminal Code Bill differs in several ways. In Islamic criminal law, forgiving is seen as a means of achieving justice and reducing punishment, while in the Criminal Code Bill, forgiving is seen as a means of reducing or eliminating punishment, except in the case of Hudud crime.

Recommendation

It is important to regulate forgiven normatively to make it clearer and more structured in the legal process. Forgiveness should be used as one of the methods of solving problems in the context of criminal law. Thus, forgiveness is not only a moral action but also has the potential to influence the judge's decision in giving a verdict.

Benefits of Regulating Forgiveness

Regulating forgiveness can have several benefits, including:

Reducing Suffering: Regulating forgiveness can reduce the suffering of victims and their families, and it can also provide a sense of closure and healing.
Promoting Reconciliation: Regulating forgiveness can promote reconciliation between the perpetrators and victims, and it can also promote social cohesion and harmony.
Ensuring Justice: Regulating forgiveness can ensure justice, where the perpetrators and victims can communicate and try to reach an agreement.
Providing Legal Certainty: Regulating forgiveness can guarantee legal certainty, where this action is recognized and regulated by law.

Conclusion

In conclusion, forgiveness is an important aspect of Islamic criminal law and the Criminal Code Bill. Forgiveness can be a means of achieving justice, reducing punishment, and promoting reconciliation. Regulating forgiveness can have several benefits, including reducing suffering, promoting reconciliation, ensuring justice, and providing legal certainty. Therefore, it is recommended that forgiveness be regulated normatively to make it clearer and more structured in the legal process.

Future Research Directions

Future research directions include:

Comparative Study: A comparative study of the formulation of forgiving in Islamic criminal law and the Criminal Code Bill.
Empirical Study: An empirical study of the impact of regulating forgiveness on the criminal justice system.
Theoretical Study: A theoretical study of the concept of forgiveness in Islamic criminal law and the Criminal Code Bill.

By adopting a more inclusive approach to forgiving, it is expected that victims and their families can feel more involved in the legal process, as well as reducing the sense of injustice that they often feel. Forgiveness is not just an individual's action, but is also an important part of a more just and human legal system.

Q: What is forgiveness in Islamic criminal law?

A: Forgiveness in Islamic criminal law is a means of achieving justice and reducing punishment. It is based on the teachings of the Qur'an and the hadith of the Prophet Muhammad, which emphasize the importance of forgiving and pardoning others.

Q: How is forgiveness regulated in the KUHP Bill?

A: Forgiveness is regulated in the KUHP Bill as part of customary law and is regulated in Article 55 paragraph (1) letter j. This article states that forgiving is a means of resolving conflicts and achieving justice, and it is recognized and regulated by law.

Q: What are the benefits of regulating forgiveness?

A: Regulating forgiveness can have several benefits, including reducing suffering, promoting reconciliation, ensuring justice, and providing legal certainty.

Q: Can forgiveness be used to reduce or eliminate punishment?

A: Yes, forgiveness can be used to reduce or eliminate punishment, except in the case of Hudud crime which is a serious violation of God's law.

Q: How does forgiveness differ from other forms of punishment?

A: Forgiveness differs from other forms of punishment in that it is a voluntary act that is based on the victim's or family's decision to forgive the perpetrator. It is not a mandatory punishment, but rather a means of achieving justice and reducing suffering.

Q: Can forgiveness be used in cases of serious crimes?

A: Yes, forgiveness can be used in cases of serious crimes, but it is subject to certain conditions and limitations. For example, forgiveness may not be possible in cases of Hudud crime, which is a serious violation of God's law.

Q: How can forgiveness be implemented in the criminal justice system?

A: Forgiveness can be implemented in the criminal justice system through various means, including mediation, reconciliation, and restorative justice. It requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering.

Q: What are the challenges of implementing forgiveness in the criminal justice system?

A: The challenges of implementing forgiveness in the criminal justice system include ensuring that the victim, family, and perpetrator are willing to participate, ensuring that the forgiveness is voluntary and not coerced, and ensuring that the forgiveness is not used to avoid accountability for serious crimes.

Q: Can forgiveness be used in cases of victim-offender mediation?

A: Yes, forgiveness can be used in cases of victim-offender mediation, where the victim and perpetrator work together to resolve their differences and achieve justice.

Q: How can forgiveness be used to promote reconciliation and healing?

A: Forgiveness can be used to promote reconciliation and healing by providing a means for the victim, family, and perpetrator to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim and family.

Q: What are the long-term effects of forgiveness on the victim, family, and perpetrator?

A: The long-term effects of forgiveness on the victim, family, and perpetrator can be positive, including reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of mass violence or terrorism?

A: Yes, forgiveness can be used in cases of mass violence or terrorism, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote social cohesion and harmony?

A: Forgiveness can be used to promote social cohesion and harmony by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the limitations of forgiveness in the criminal justice system?

A: The limitations of forgiveness in the criminal justice system include ensuring that the forgiveness is voluntary and not coerced, ensuring that the forgiveness is not used to avoid accountability for serious crimes, and ensuring that the forgiveness is not used to promote revenge or retaliation.

Q: Can forgiveness be used in cases of juvenile offenders?

A: Yes, forgiveness can be used in cases of juvenile offenders, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote restorative justice?

A: Forgiveness can be used to promote restorative justice by providing a means for the victim, family, and perpetrator to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the benefits of using forgiveness in restorative justice?

A: The benefits of using forgiveness in restorative justice include reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of repeat offenders?

A: Yes, forgiveness can be used in cases of repeat offenders, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote social justice?

A: Forgiveness can be used to promote social justice by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the challenges of implementing forgiveness in social justice?

A: The challenges of implementing forgiveness in social justice include ensuring that the forgiveness is voluntary and not coerced, ensuring that the forgiveness is not used to avoid accountability for serious crimes, and ensuring that the forgiveness is not used to promote revenge or retaliation.

Q: Can forgiveness be used in cases of human rights violations?

A: Yes, forgiveness can be used in cases of human rights violations, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote human rights?

A: Forgiveness can be used to promote human rights by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the benefits of using forgiveness in human rights?

A: The benefits of using forgiveness in human rights include reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of international crimes?

A: Yes, forgiveness can be used in cases of international crimes, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote international justice?

A: Forgiveness can be used to promote international justice by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the benefits of using forgiveness in international justice?

A: The benefits of using forgiveness in international justice include reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of transitional justice?

A: Yes, forgiveness can be used in cases of transitional justice, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote transitional justice?

A: Forgiveness can be used to promote transitional justice by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the benefits of using forgiveness in transitional justice?

A: The benefits of using forgiveness in transitional justice include reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of post-conflict reconstruction?

A: Yes, forgiveness can be used in cases of post-conflict reconstruction, but it requires a willingness on the part of the victim, family, and perpetrator to work together to achieve justice and reduce suffering. It also requires a commitment to restorative justice and reconciliation.

Q: How can forgiveness be used to promote post-conflict reconstruction?

A: Forgiveness can be used to promote post-conflict reconstruction by providing a means for different groups to work together to resolve their differences and achieve justice. It can also provide a sense of closure and healing for the victim, family, and perpetrator.

Q: What are the benefits of using forgiveness in post-conflict reconstruction?

A: The benefits of using forgiveness in post-conflict reconstruction include reduced suffering, increased sense of closure and healing, and improved relationships between the victim, family, and perpetrator.

Q: Can forgiveness be used in cases of peacebuilding?

A: Yes, forgiveness can be used in cases of peacebuilding, but it requires a willingness on the part of the victim