Redefinisi Korupsi: Sebuah Tawaran Pandangan Islam (original) (raw)

The Islamic Perspective on Prevention of Corruption in Indonesia

Corruption is the abuse of public resources to enrich or give unfair advantage to individuals, their family or their friends. Currently, corruption is a serious crime that undermines social and economic development and weakens the fabric of modern-day society. Corruption, indeed is the big problem for all the state over the world, including Indonesia. Based on data Transparency International (TI) has published the Corruption Perceptions Index (CPI), Indonesia ranked position 114 from all the countries over the world. Therefore, Indonesia nowadays not only need repressive action to fight against corruption but also preventive action. On the other hand, Islam as the biggest religion in the world, also regulate prevention system on eradicate corruption, because one of the characteristic of Islamic law is comprehensive (cover all of aspects in the world). The paper try to analyze prevention system on Islamic perspective to eradicate corruption. In addition, the paper also elaborates the correlation between the prevention system in Islamic perspective and national law perspective. The paper analyzes the position of Islamic law in the implementation to eradicate corruption. Likewise, the situation and condition of corruption in Indonesia would be discussed further. The method used religious view research through library research with qualitative explanatory. The legal basis of the paper is Islamic regulation and Indonesia regulation related to prevention system. As a result, this paper try to re-introduce prevention system on Islamic perspective to be the most effective solutions in dealing with the phenomenon of corruption

The Reality of Eradicating Corruption in Indonesia; A Comparative Legal Study

International Journal on Advanced Science, Education, and Religion

The purpose of this research is to find out and analyze the reality of eradicating corruption in Indonesia with a comparative legal review between positive law in Indonesia and Islamic law.This research is a descriptive-qualitative legal sociology research that explains the reality of the problem of eradicating corruption in Indonesia. The perspective used in analyzing and finding the ideal construction is Islamic Law with a conceptual approach, historical approach, comparative approach, case approach, and constitutional approach.The findings in this study outline that: First, the reality of corruption that occurs in Indonesia can be seen from the theory of law as a tool of social engineering and law enforcement theory, it is necessary to carry out reforms to encourage reform in society, the emphasis lies on the revision of laws and regulations so that the construction of a new society to be realized in the future through the enactment of laws and regulations in accordance with the ...

The interpretation on corruption according to Indonesian exegetes (an analytical study on Tafsir Maraḥ Labīd, Tafsir an-Nūr, and Tafsir al-Azhar)

2014

Indonesia sebagai negara muslim terbesar di dunia memiliki budaya korupsi akut. Hal ini menjadi sebuah ironi, karena Islam mengajarkan prinsip kejujuran. Korupsi adalah tindakan dosa yang bertentangan dengan prinsip-prinsip keadilan, akuntabilitas, dan tanggung jawab. Al-Qur'an menyajikan berbagai tekanan moral yang harus dilaksanakan oleh manusia. Tekanan tersebut berlaku pada aturan Allah, bagi yang melanggar akan menerima hukuman. Tekanan ini dibutuhkan agar kehidupan berjalan dengan baik. Salah satu tekanan moral dalam Al-Qur'an adalah larangan korupsi. Korupsi adalah praktek mengonsumsi harta seseorang dengan cara yang salah, dan kerjasama dalam penyalahgunaan kekuasaan atau kewenangan untuk keuntungan pribadi, keluarga, dan kelompok. Fenomena korupsi ini telah mendorong para ahli di Indonesia untuk meneliti ihwal solusi pemberantasannya, termasuk para ahli dalam bidang tafsir al-Qur’an. Tak bisa dimungkiri kerja tafsir yang tak terlepas dengan konteks yang melingkupiny...

Multi-Strategies For Treating the Roots of Corruption Behavior in Indonesia

JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan

Massiveness of corrupt behavior throughout the history of the Republic of Indonesia has had a bad impact on national life and the nation's generation, so it requires comprehensive handling. The purpose of this article is to identify and analyze the root causes of corrupt behavior and determine strategic methods of handling them. The discussion is carried out using a qualitative analysis method, with the support of primary and secondary data. The results of the discussion found that the root of the problem of corrupt behavior is in two influencing factors, namely individual problems and system problems. The individual problem is the loss of awareness of religious values and spiritualism. The system problem is influenced by two factors, namely: civilization dominated by materialism values and the feudal nature of past power. The root of the problem of corrupt behavior can be handled with a multi-strategy approach in the fields of education, culture, politics and law. The fields of...

(2014) Proceeding: The Analysis of Death Sentence in Exterminating the Case of Corruptions in Indonesia. The Corruption Eradication Commission (KPK) and International Program of Law and Sharia of Muhammadiyah University of Yogyakarta (UMY)

The 2014 International Conference on Anti-Corruption and Good Governance, 2014

Corruption is not a new emerging issue in the world of criminality, it is a classical issues that has been continuously happening in almost every part of the world. The nature of corruption action driven upon the uncontrolled overwhelming human-desire according to Abraham Samad (Executive Board of KPK). Aside of violating national and regional income that naturally belong to citizen, Corruption action means impactful toward society behavior. This action has been socially constructed upon each level of society. It generalized into an ordinary habit that will harm the morality of upcoming generation. Thus the implementation of death sentence is justifiable under the principle of law and the value of morality. In International stage, as a comprehensive action towards fighting against corruption, United Nations has launched a set of massive commitments in assisting corruption eradication in the entire world. The international legal binding lies on United Nations Convention against Corruption (UNCAC). UN realizes that Corruption needs to be taken into account as International Criminal Issue. It is a complex social, political and economic phenomenon that affects all countries. Corruption undermines democratic institutions, slows economic development and contributes to governmental instability.

PJAEE, 17 (9) (2020) Corruption Cultural Dimension in Indonesia and its Solution: Philosophy Perspective CORRUPTION CULTURAL DIMENSION IN INDONESIA AND ITS SOLUTION: PHILOSOPHY PERSPECTIVE

PJAEE, 17 (9), 2020

Corruption is an interesting topic and it has not relatively been much explored philosophically. Frequently, the interest at corruption is limited to a narrow understanding namely financial corruption and it is not cover society which prioritizes social justice such as Indonesia. Based on the theory of Rawls social justice and development of cultural framework, the researchers created sketch of supporting factors of corruption in Indonesia and any factors to eradicate it. The research method used hermeneutic spiral by directing to e-ID corruption case, bribery of balancing funds, and vote buying in regional head election. The researchers found out strong maritime cultural factors which are manifested as a bravery, deliberation for bad intension, economic flexibility to find out sources of income beyond the rights given by the law and form of extreme affective such as greed and luxurious life as a source of corruption; meanwhile, religion and faith to God the Al Mighty is seen as a source of anti-corruption. The efforts to build deliberator agents who work using individual cognition and cultural trigger agents can be seen as important solutions to eradicate corruption in Indonesia.

Gagasan Reaktualisasi Teori Pidana Islam dan Relevansinya bagi Pembangunan Hukum di Indonesia

Ijtimaiyya: Jurnal Pengembangan Masyarakat Islam, 2018

This paper describes the reform efforts of Islamic Criminal Law theory which initiated by Moslems theorists. Throughout this renewal, the author sees the potential to be the development of the development of Islamic Criminal Law in Indonesia. As far as we know that the transformation of Islamic Criminal Law (fiqh jinayah) into the National Law as still results in theories and epistemological debate in transformation effort. This paper is elaborate research with a juridical-normative approach. The analysis methods used is the general methodical elements such as interpretation and deductiveinductive also personal reflection. This paper concludes: through out the renewal of the theory in the fiqh, jinayah can be developed the theory of contemporary punishment by reactualization Islamic penalization theory. Then Islamic Criminal Law will be more down to be applied in Indonesia

Islamic Criminal Law Study on The Seizure of Corruptor Assets as an Indonesian's Criminal Sanction in The Future

Juris : Jurnal Hukum dan Ekonomi Islam, 2022

The current job transformation is one of the challenges for the state of Indonesia. Crimes over time have been carried out systematically, including corruption. The interesting thing about the development of efforts to combat corruption is the development of the concept of returning state finances. Legal entities in Indonesia have long experienced legal pluralism, as can be seen from the configuration of the community that carries out Islamic criminal law and customary law as local wisdom. This study uses a normative approach with secondary data support with the specification that the confiscation of corruptor's property in Islamic criminal law is divided into: Reproaches and reprimands/warnings, dismissing from his position (al-azl min al-wadzifah), by beating (whipping), punishment in the form of property (fines) and physical punishment, exile, crucifixion, death penalty. The relevance between these concepts is a form of legitimacy for the legal significance that comes from the beliefs and needs of the community. This article raises the concept of positive law with concepts in Islamic criminal law to find the relevance of the two which will later become part of the effort to function Islamic criminal law into Indonesian positive law in order to achieve the goal of a fair law and reduce corruption.

Criminal law reform on corruption as a means of overcoming the "culture" of corruption in Indonesia

Royal Publications, 2024

The purpose of writing this article is to analyze the dynamics of the development of the culture of corruption in Indonesia and the efforts to overcome it. For this reason, the approach method is in the form of normative legal studies. Data were collected by reading and studying legal documents. Furthermore, the data were analyzed using qualitative descriptive analysis. The results of the discussion are that corruption has been considered a new "culture" in Indonesia. If the "culture" of corruption is allowed to develop, corruption will become an obstacle to the government's program to improve the welfare of all Indonesian people. To prevent the growth of the "culture" of corruption in Indonesia, the efforts made are: reforming the criminal law on corruption which includes the application of reversed proof, the application of the teaching of the nature of material unlawfulness in a positive function, the accumulation of criminal sanctions and special minimum criminal provisions are aggravated. This is intended so that people feel deterred from committing corruption; however, efforts to reform the law on corruption need to be supported by law enforcement officers who are clean, professional, and have strong moral courage.