Indonesian Positive Law and Islamic Criminal Law: Which is the Most Comprehensive Regulation on Anti-Corruption?

Abstract

The research is financed by Center of Research, Development, and Community Services (LP3M) Universitas Muhammadiyah Magelang

Abstract

Eradicating corruption is a big problem and focus activities in every country. At present, corruption is closely related to moral, individual and cultural problems. Indonesia as a country with the largest Muslim population in the world needs an offer of regulations that integrate Islamic criminal law on its regulations. This article compares corruption in Indonesian positive law with Islamic criminal law. The approach used in this study is a comparative approach that is analyzed qualitatively. The results showed significant differences in the definition of corruption and sanctions in Indonesian positive law and Islamic criminal law. It is strengthening the implementation and internalization of Islamic values ​​(Islamic values), national culture (nation values) and education needed in the formulation of regulations to eradicate corruption. Law enforcement against corruption is inseparable from the role of the judge in giving decisions that are adjusted to the values ​​of the nation's culture, the level of criminal acts and the effects of such corruption.

Keywords: Eradicating Corruption, Islamic Criminal Law, Indonesian Positive Law

DOI: 10.7176/JLPG/85-10

Publication date:May 31^st 2019