Restitusi dan Pemulihan Korban dalam Perspektif Maqāṣid al-Syarī‘ah: Analisis PERMA Nomor 1 Tahun 2022

Abstract

Restitution is a legal instrument intended to recover losses suffered by victims of crime. Supreme Court Regulation (PERMA) Number 1 of 2022 strengthened the procedural mechanism for requesting and granting restitution and compensation in Indonesia. Yet, the fulfillment of victims' rights should not be assessed solely from a normative standpoint. This study examines restitution for crime victims through the lens of maqāṣid al-sharī‘ah and proposes a three-level evaluative framework: normative recognition, procedural enforceability, and substantive recovery. It assesses PERMA Number 1 of 2022 against the objectives of ḥifẓ al-māl (protection of property), ḥifẓ al-nafs (protection of life and bodily integrity), and the removal of harm (al-ḍarar yuzāl). This is a normative legal study using statutory and conceptual approaches; its conclusions, therefore, describe the normative design and potential of restitution rather than empirically verified outcomes of its implementation. The analysis finds that restitution is conceptually well aligned with maqāṣid al-sharī‘ah and shares functional though not terminological affinities with diyah, ḍamān, ṣulḥ, and ‘afw in Islamic criminal law. It also finds that normative recognition of restitution under PERMA Number 1 of 2022 does not by itself guarantee procedural enforceability or substantive recovery, both of which remain constrained by the offense-type limitation, execution weaknesses, and access barriers documented in prior studies. The study concludes that legal recognition of restitution is a necessary but insufficient condition for realizing maqāṣid al-sharī‘ah, and that the three-level framework offers a conceptual instrument for future doctrinal and empirical inquiry into procedural enforceability and substantive recovery.