%0 Thesis
%9 Skripsi
%A Tri Mulyaningsih, NIM.: 22103070089
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2026
%F digilib:77711
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Kewenangan Presiden, Abolisi, Korupsi, Hukum Tata Negara,  Siyasah Dusturiyyah
%P 130
%T KEWENANGAN PRESIDEN DALAM PEMBERIAN ABOLISI TERHADAP TINDAK PIDANA KORUPSI DITINJAU DARI PERSPEKTIF HUKUM TATA NEGARA DAN SIYASAH DUSTURIYYAH
%U https://digilib.uin-suka.ac.id/id/eprint/77711/
%X This research is titled "The President's Authority in Granting Abolition for  Corruption Crimes from the Perspective of Constitutional Law and Siyasah  dusturiyyah ". The background of this research stems from the phenomenon of  abolition granted by President Prabowo Subianto through Presidential Decree No.  18 of 2025 to Thomas Trikasih Lembong, a convict in the sugar import corruption  case. This grant of abolition sparked public debate, as corruption is regarded as  an extraordinary crime, whereas historically, abolition in Indonesia has generally  been applied to resolve political conflicts or on humanitarian grounds..  The formulations of the problems in this study are: 1) How is the Authority  of the president in granting abolition for corruption crimes? 2) How is the granting  of abolition for corruption crimes viewed from the perspective of Siyasah  dusturiyyah?. The objectives are to determine the ideal concept of presidential  constitutionality and the review of Islamic law regarding this practice in order to  achieve legal certainty and public welfare. The research method used is normative  legal research with a statutory approach, conceptual approach, and historical  approach. The sources of legal materials consist of primary materials such as the  1945 Constitution of the Republic of Indonesia and Presidential Decrees, as well  as secondary materials in the form of legal literature and relevant scientific  journals.  The results of the study indicate that although constitutionally Article 14  paragraph (2) of the 1945 Constitution grants the President the authority to provide  abolition with consideration from the House of Representatives (DPR), the absence  of specific regulations has resulted in the lack of clear parameters, thereby  potentially disrupting the independence of judicial power (rule of law). On the other  hand, the granting of abolition may be viewed as an expression of justice exercised  by the Head of State/President in response to perceived injustice within the judicial  process. From the perspective of Siyasah dusturiyyah , granting abolition in  corruption cases is considered contrary to the principles of justice (al-‘adalah),  trustworthiness (amanah), and public benefit (al-Maslahah al-‘ammah), because  corruption damages public assets (hifz al-mal) and causes harm to the people. This  study recommends limiting such authority through more measurable regulations so  that the president’s prerogative rights remain aligned with the spirit of corruption  eradication.
%Z Dr. Ocktoberrinsyah, M.Ag.