Keadilan Restoratif Qisas-Diyat dalam Pembaruan Hukum Pidana Indonesia

Abstract

This study examines qisas-diyat as a form of restorative justice in Islamic criminal law and tests its relevance for the reform of Indonesian criminal law. The discussion starts from a persistent problem in modern criminal systems: the state dominates prosecution and punishment, while victims often remain on the margins. Using a normative-doctrinal approach, the study reads qisas, diyat, afw, and shulh as mechanisms that place victims or heirs in a central position when deciding the settlement of a case. The findings show that qisas-diyat does not stop at proportional retaliation. It also provides compensation, forgiveness, and deliberation as channels of restoration. These mechanisms work in line with maqasid shariah, especially the protection of life, property, and social continuity. At the policy level, the principles embedded in qisas-diyat can enrich the New Criminal Code in Indonesia by strengthening victim position, proportional compensation, and a more humane settlement model. Qisas-diyat therefore deserves to be read as a model of justice that connects retribution, restoration, and social responsibility within one coherent normative framework.