CONTRIBUTION OF ISLAMIC LAW IN THE DEVELOPMENT OF CORRUPTION CRIMINAL LAW

Abstract

Indoneisa as one of the largest Muslim population in the world requires the contribution of
Islamic law in fighting against corruption. As corruption has damaged all aspects of life in
Indonesia, it needs special handling. The problem discussed in this paper is how the criminal
act of corruption is regulated in national criminal law and Islamic criminal law and how Islamic
law contributes to the development of criminal law on corruption. This is a normative research
using traditional customs as the secondary data. The National Law on Corruption defines a
restriction on the imposition of the death penalty, where the death penalty will only be imposed
if the criminal act of corruption is committed under certain circumstances. In Islamic law,
corruption belongs to the act of fasad (the act destroying the order of life). There are at least
four conceptions in the Islamic law on corruption, especially in Indonesia, including ghulul
(abuse of authority), sariqah (theft or embezzlement), khianah (treasonous), and risywah
(bribery or graft) Corruption is equated with Jarimah Hirabah whose punishment is death,
crucifixion, corporal punishment or isolation. Death penalty has been mentioned in the
National Law on Corruption of Article 2, paragraph 2 and has been reinforced by the Al-Qur'an
in Surah Al-Maidah, verse 33. Death penalty needs to be applied to corruptors because criminal
act of corruption can harm the welfare and prosperity of a country.