Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal JURNAL MAHKAMAH el-Aqwal: Journal of Sharia and Comparative Law
Ramadani
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Effectiveness of Corruption Law Enforcement in Indonesia and Malaysia: A Comparative Analysis of Criminalization, Asset Recovery, and the Al-'Uqubah Principle Wardatul Jannah; Ramadani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7866

Abstract

This article analyzes the effectiveness of law enforcement to eradicate corruption in Indonesia and Malaysia by focusing on the formulation of penalties, asset recovery, and the relevance of the principle of al-'uqubah in Islamic criminal law. The main problem of this study is the distance between the severe criminal threat and the effectiveness of the punishment in producing a deterrent effect and the return of state losses. The research uses normative legal methods with a statutory approach, a conceptual approach, and a comparative approach. Primary legal materials include the Indonesian Corruption Eradication Law, the Malaysian Anti-Corruption Commission Act 2009, the United Nations Convention against Corruption, and regulations related to asset recovery. Secondary legal materials were obtained from journals, books, KPK reports, MACC/MACC, Indonesia Corruption Watch, and Transparency International. The analysis was carried out qualitatively prescriptively with indicators of proportionality of punishment, effectiveness of asset recovery, consistency of enforcement, and conformity with the principles of maslahah mursalah and radd al-mazalim. The results of the study show that Indonesia has a severe criminal threat, but still faces the problem of inconsistency of sentences, the lack of optimal use of substitute money crimes, and the weak use of money laundering instruments to pursue the results of corruption. Malaysia has a more proportionate normative design through fines of at least five times the gratuity value and stronger asset tracing mechanisms, but its effectiveness still has to be read with caution as the available asset recovery data is not always on par with Indonesia's. This article recommends the reformulation of proportional fines, strengthening non-conviction-based asset forfeiture, integrating enforcement data, and strengthening the principle of al-'uqubah as an ethical framework for corruption punishment oriented towards prevention, recovery, and public benefit.
Active Police Officers in Civilian Positions after Constitutional Court Decision No. 114/PUU-XXIII/2025: A Constitutional Law and Siyasah Qadhaiyah Analysis Syahrizal Saib Siregar; Ramadani
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16736

Abstract

This study examines the restrictions on active members of the Indonesian National Police (Polri) holding positions outside the organizational structure of the police following Constitutional Court Decision No. 114/PUU-XXIII/2025, using siyasah qadhaiyah as an analytical framework. The appointment of active police officers to civilian institutions may blur institutional boundaries, undermine civilian supremacy, and create risks of abuse of authority. Employing doctrinal legal research with a juridical-conceptual approach, the study finds that the Court’s annulment of the phrase concerning assignments by the Chief of the National Police restores legal certainty and reinforces statutory limits on authority and the functional differentiation of public offices. From the perspective of siyasah qadhaiyah, the decision reflects the judicial function of correcting abuses of authority and protecting the public interest. Nevertheless, an overly rigid restriction on external appointments may create operational difficulties for specialized civilian institutions that legitimately require police expertise, particularly the National Narcotics Agency (BNN) and the National Counterterrorism Agency (BNPT). Accordingly, this study proposes a strict-exception regulatory model under which such appointments are permitted only on the basis of a direct functional connection with policing, demonstrated competence, and effective oversight, accompanied by the temporary suspension of active police command and coercive authority for the duration of the civilian appointment.
Co-Authors Syahrizal Saib Siregar Wardatul Jannah