Russian Journal of Agricultural and Socio-Economic Sciences (Aug 2021)

CONCRETIZATION OF THE VALUES OF ISLAMIC CRIMINAL LAW IN THE RECONCEPTION OF CERTAIN PROVISIONS AS REASONS FOR CRIMINAL WEIGHT ON CORRUPTION IN INDONESIA

  • Rahman F.,
  • Luth T.,
  • Madjid A.,
  • Noerdajasakti S.

DOI
https://doi.org/10.18551/rjoas.2021-08.02
Journal volume & issue
Vol. 116, no. 8
pp. 14 – 23

Abstract

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Certain circumstances as the reason for the aggravation of corruption should not only be limited to the reasons as contained in Article 2 paragraph 2 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, but there is an essential reason by adopting the values of Islamic criminal law. These values are divided into two major groups, namely: First are universal values whose philosophical basis is "maqosyid al-syar'iyah", by relying on the protection of five points in Islamic criminal law (kulliyah al-homsah) which includes religion (al-din), soul (al-nafs), reason (al-aql), offspring (al-nasab), and property (al-mal), which in the context of a criminal act of corruption is "hifzdu al-mal" namely the protection of State assets, which in this case, if it is associated with the weighting of the crime of corruption, means that the weighting of the crime is based on how much the state has lost as a result of corruption. The second is fundamental values whose philosophical basis is "rohmatal lil alamin, which contains the value of al-adaalah, namely the values of justice that can be concretized against the weighting of corruption based on the quality of legal subjects; for example the perpetrator is a high-ranking state official; the value of al-tawkidiyah, which is the value of certainty, based on the existence of "nishab," which can be concretized against the weighting of corruption crimes based on the minimum limit of state financial losses, for example, the weighting of corruption can be imposed if the state financial losses are not less than one hundred billion rupiah; and the last is the value of al-maslahah, which is based on taking benefits and rejecting mafsadat or damage, which in the context of aggravating corruption means that it is based on the consequences of corruption in the form of systemic damage.

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