REMISI DALAM PASAL 10 UU NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN BAGI PELAKU TIPIKOR MENURUT MAQASID SYARI‘AH

Bayu Satrio Adji, NIM.: 19103070079 (2023) REMISI DALAM PASAL 10 UU NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN BAGI PELAKU TIPIKOR MENURUT MAQASID SYARI‘AH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

On August 3, the government passed Law Number 22 of 2022 concerning Corrections which became a hot topic of discussion and raised pros and cons in society. The reason is, after the law was passed, 23 Corruption Convicts obtained parole. The problem is that in order to obtain remissions up to parole, the conditions set forth in the law do not differentiate between one crime and another. This is certainly very unfair in the eyes of the public, how could it not be that corruption itself is an extraordinary crime that even a special team was formed to eradicate it which we know as the KPK. yet the government equated it with a common crime. In addition, the terms and conditions set out to obtain remission are also considered very light and become a hot topic of conversation among the community. This type of research is library research using the maqāṣid syarī'ah approach with the analytical descriptive data analysis method. Data collection was carried out using the literature review method which collected several literatures that had discussions related to remission and criminal acts of corruption. Other scientific literature that is also used in this research is scientific literature that discusses maqāṣid syarī'ah. The results of this study prove that remission for perpetrators of corruption is contrary to several important points in maqāṣid syarī'ah. The granting of remissions has a positive impact on the convicts themselves, but not on society and not on eradication. Judging from the danger posed by corrupt behavior, if eradication goes further than what is aspired to together then the benefit of the people is at stake. This is clearly contrary to the concept of maqāṣid syarī'ah which prioritizes the common good. According to the author, remissions for perpetrators of corruption should not be given, especially with such mild conditions, basically the sentence deductions obtained from remissions make these corruption convicts immediately fulfill one of the conditions in obtaining conditional release, namely having served the shortest criminal term. 2/3 (two thirds) provided that 2/3 (two thirds) the criminal term is at least 9 (nine) months.

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