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PREFERENSI MUHAMMADIYAH DAN NAHDLATUL ULAMA DALAM RANCANGAN UNDANG-UNDANG PERAMPASAN ASET DI INDONESIA
Muhammadiyah and Nahdlatul Ulama are the top of mind Islamic religious organizations in Indonesia that have encouraged the government and the House of Representatives to immediately discuss the Asset Seizure Bill in order to lead Indonesia towards becoming a baldatun ṭayyibatun wa rabbun ghafūr. Both organizations' preferences in the Asset Seizure Bill show a shared vision in accommodating the protection of Islamic objectives in maqāṣid syarī'ah. This is reflected in ḥifẓ ad-dīn, which aims to uphold religious values that prohibit betrayal of trust. Hifẓ an-nafs aims to uphold the constitutional rights of citizens that hinder access to public welfare. Hifẓ al-‘aql aims to uphold justice in access to education. Hifẓ an-nasl aims to break the culture of corruption so that future generations do not normalize corruption. Hifẓ al-māl aims to recover state assets. Through this Asset Seizure Bill, he believes that the state will also benefit in realizing good governance as a principle of good governance. Therefore, for Muhammadiyah and Nahdlatul Ulama, the orientation of good governance is the key to success that must be upheld in order to uphold the spirit of reform in eradicating corruption, collusion, and nepotism, which aims to optimize the Corruption Perception Index in Indonesia. This type of research is legal literature research with a normative-critical approach. The nature of the research is descriptive-analytical, and the analysis technique used is normative analysis through legal norms and literature review. Data collection is through primary and secondary data. Primary data consists of a collection of fatwas on asset confiscation, anti-corruption fiqh books, and fiqh collaboration books on corruption written by Muhammadiyah and Nahdlatul Ulama. Meanwhile, secondary data consists of data that complements primary data in the form of books, credible websites, and others. The results of this study indicate that the political attitudes of Muhammadiyah and Nahdlatul Ulama towards the Asset Seizure Bill are related to religious and state norms. According to religious legal norms, the Asset Seizure Bill is a legal necessity (aḍ-ḍarūriyyāt), so it is very necessary to accommodate the implementation of maqāṣid syarī'ah, which aims to bring about benefits and reject harm. On the other hand, according to state norms, the Asset Seizure Bill is a manifestation of good governance that aims to apply the ideals of a civil society that are legalized in policy. Therefore, according to both, the Asset Seizure Bill is a fair legal instrument that has gained legitimacy in terms of sharia and constitutionality. Thus, this study recommends that the government and the House of Representatives immediately discuss the Asset Seizure Bill in order to realize a state based on the rule of law that is free from corruption, collusion, and nepotism.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PREFERENSI MUHAMMADIYAH DAN NAHDLATUL ULAMA DALAM RANCANGAN UNDANG-UNDANG PERAMPASAN ASET DI INDONESIA (Text)
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