TY  - JOUR
TT  - RESTORATIVE JUSTICE AS AN ALTERNATIVE CRIMINAL DISPUTE RESOLUTION FOR THE OFFENCE OF THEFT
AU  - Ab Aziz, Norjihan
AU  - Mohamad Amin, Noorshuhadawati
AU  - Ab Hamid, Zuraini
PY  - 2017
DA  - April
DO  - 10.18769/ijasos.320061
JF  - IJASOS- International E-journal of Advances in Social Sciences
JO  - IJASOS
PB  - OCERINT International Organization Center of Academic Research
WT  - DergiPark
SN  - 2411-183X
SP  - 300
EP  - 305
VL  - 3
IS  - 7
KW  - theft
KW  - restorative justice
KW  - punishment
N2  - Under thetraditional justice system, theft is an offence against a state. Once theoffender is found guilty by the court, he will be punished accordingly. InMalaysia, the Penal Code provides punishment for an offence of theft withimprisonment for a term not exceeding 7 years, or fine or with both. The aim isto punish the offender for the offence that he had committed, while the victimhas no place in the process. However, restorative justice sees a crime isagainst an individual which allows the offender to be direct accountabilityagainst the victim. In other words, instead of punishing the offender for anoffence done, the offender has to repair the harm suffered by the victim suchas by paying compensation or in case of theft restore the stolen property tothe victim. Islamic law has implemented restorative justice long time ago toallow certain criminal cases to be resolved between the parties, provided thatthe case has not been reached to the authority. Restorative justice has been recognizedinternationally by the United Nation, which encourages criminal cases which areminor in nature, such as theft, vandalism, and hurt to be resolved through the restorativejustice process. As such, many countries have implemented restorative justice,such as the United Kingdom, the United States, Australia and New Zealand.Restorative justice can be considered as an alternative to the traditionaljustice system which allows the offender and the victim resolve criminaloffence with the assistance of a neutral third party out of court. Forinstance, in the offence of theft, instead of punishing the offender, the casecan be resolved if the offender agrees to seek forgiveness and returns thestolen item or pays compensation to the victim, and the victim agrees toreintegrate the accused into the society. Thus, this research aims to examinethe law of Malaysia that governs the offence and the punishment of theft. Thisresearch also analyses how restorative justice is implemented under the UnitedNation and Islamic law. It is suggested that the Malaysian law that governs theoffence of theft to be improvised so that the parties may opt to resolvecriminal cases through restorative justice.
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UR  - https://doi.org/10.18769/ijasos.320061
L1  - https://dergipark.org.tr/en/download/article-file/312367
ER  -