An Analysis Under Islamic Criminal Law Of Article 262 Of Law Number 1 Of 2023 Regarding Overt Violence Committed In Public Against Persons Or Property During Demonstrations

Abstract

This study analyzes the construction of norms governing the criminal offense of collective violence under Article 262 of Law No. 1 of 2023 from the perspective of Islamic Criminal Law, using the case of public facility destruction during a demonstration at the West Java Regional House of Representatives (DPRD Jawa Barat). Employing a normative juridical method through statutory, conceptual, and comparative legal approaches, this research examines the classification of offenses and the applicable sanctions under both legal systems. The findings indicate that Article 262 of Law No. 1 of 2023 adopts a unified approach to the criminalization of violent offenses, whereas Islamic Criminal Law applies an object-based dichotomy (mahall al-jريمة(, classifying the destruction of public facilities as a jarimah ta'zir. This study contributes to the formulation of an integrative sentencing model that combines ta'zir as the principal sanction with an obligation to provide compensation (dhaman). This construction offers a conceptual contribution to the reform of national criminal law by promoting a restorative approach to the recovery of public assets while upholding the principles of maqasid al-shari'ah.