Penerapan Restorative Justice Pada Penanganan Tindak Kekerasan Terhadap Anak Di Polres Rejang Lebong Perspektif Maqasid Syariah

Abstract

Violence against children results in psychological trauma, developmental disorders, and future criminality risks. Restorative justice (RJ) emerges as an alternative paradigm oriented towards restoring social relationships. This research aims to describe RJ practices, identify obstacles and opportunities, and examine the normative basis of RJ from the maqāṣid shariah perspective. This qualitative research employs a case study approach, combining field research and library research through in-depth interviews, observation, and documentation. The findings indicate: First, RJ at the Rejang Lebong Resort Police is implemented systemically based on Police Regulation Number 8 of 2021 through four stages: multidimensional screening, mediation involving community leaders, reparation agreements, and post-mediation monitoring. Resolution forms are adaptive to the local context. Second, internal obstacles include limited trained human resources (42.8%), retributive legal culture, and administrative burden of Criminal Mediation Minutes (BAMP). External obstacles include community stigma and unstructured interinstitutional coordination. However, RJ creates opportunities for substantial justice through diversion regulations, local wisdom, and institutional synergy. Third, RJ aligns with maqāṣid shariah as an instrument of dar' al-mafāsid (preventing harm) and jalb al-maṣāliḥ (bringing benefit), evidenced by the absence of repeated violence within six months post-mediation in eight minor domestic violence cases (2024). RJ also contributes to ḥifẓ al-'aql (protection of intellect) and ḥifẓ al-māl (protection of property). The principle of taqdīm al-a'lām 'alā al-aḥamm (prioritizing the more important) is fulfilled by excluding severe cases and ensuring the victim's free will. The research concludes that RJ at the Rejang Lebong Resort Police has proceeded procedurally and substantively despite obstacles. From the maqāṣid shariah perspective, RJ aligns with sharia objectives in preserving life, lineage, intellect, and property, while realizing restorative justice as a contemporary manifestation of Islamic values of peace and public benefit.