MENAKAR HUKUMAN MATI BAGI KORUPTOR DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI PERSPEKTIF MAQASID ASY-SYARI'AH

Muhammad Taufik Kustiawan, SH, NIM.: 19203010013 (2021) MENAKAR HUKUMAN MATI BAGI KORUPTOR DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI PERSPEKTIF MAQASID ASY-SYARI'AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The implementation of the death penalty for corruptors throughout the history of law enforcement in Indonesia has not yet been ruled by a judge who grants it. This indicates that the integrity of law enforcement in Indonesia has not shown firmness in the punishment for corruptors to have a deterrent effect. In addition, in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes actually regulates the criteria or conditions for a corrupt person to be sentenced to death. However, this creates an attitude of ambiguity or as if the death penalty is only a discourse in law enforcement to eradicate corruption in Indonesia. This research is a juridical-empirical research, with the type of research used is library research which is descriptive-analytical. The research approach is a normative and philosophical approach. The theory used in this research is siyasah fiqh and maqasid ash-syari'ah. This paradigm is used to determine the dynamics of Islamic law in viewing the death penalty for corruptors. The case used in this study is a case of corruption in social assistance carried out by former social minister Julia Peter Batubara during the Covid-19 pandemic. Julia Peter Batubara received approximately Rp. 17 billion which should have been used for the purposes of social assistance for the poor during the epidemic. This study concludes that the legality of the death penalty for corruptors is regulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The existence of the death penalty for corruptors was developed through the perspective of siyasah fiqh which has an integration-interconnection paradigm of fiqh jinayah (Islamic criminal law). The two scientific fields both regulate criminal acts or punishments in the civil and public spheres. The findings of this study explain that the concept of the death penalty in jinayah fiqh is more specifically explained on the issue of the form of punishment. In this case, the criminal act of corruption according to some scholars is said to be an act that can be confirmed by acts of gasab, gulull, risywah, and h|irabah. The purpose of Islamic law is actually contained in maqasid ash-syari'ah. Regarding the review of the death penalty in the perspective of maqasid ash-syari'ah, it has the conclusion that corruption is a crime against humanity that causes misery and poverty for the Indonesian people. Corruption is a crime that harms the soul of mankind. The death penalty does not violate human rights. Because the act of corruption that he did consciously and planned has emphasized that someone (a state official) who commits corruption only cares about the interests of personal greed. This element of intentionality of the officials should be taken into consideration by the judge to ensnare corruptors with the death penalty.

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