GRATIFIKASI DI MAHKAMAH KONSTITUSI DAN WACANA HUKUMAN MATI

Abstract

Gratification in The Constitutional Court and Discourse of Death Penalty. The gratification case done by an ex-governor and an ex-judge of The Constitutional Court is very irony. As the last gate guard in low enforcement, the Court which concerns in struggling justice has “fallen off” due to greasing the palm done by the ex-chief judge. In view of Islamic perspective, the gratification crime belongs to jarîmah ta’zîr, a punishment relates to the policy of local government. It does not belong to jarîmah qishâs or hudûd which the punishment is determinated by the Qur’an and hadîts. Hence, there is discourse of death penalty for the gratification case in The Constitutional Court in order to make wary effect. It is because one of the ta’zîr punishments is death penalty that causes big hazard effect for all.

Keywords

• gratification, The Constitutional Court, death penalty, qishâs, hudûd