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All Journal Lex Journal : Kajian Hukum dan Keadilan
Noor Azizah
Universitas Islam Negeri Sumatera Utara Medan, Indonesia
Law, Crime, Criminology & Criminal Justice

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Formulation of Sanctions for Natural Resource Corruption Through Ta'zir and Maqasid al-Shariah Audi Lestari Sihotang; Noor Azizah
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12831

Abstract

This research is motivated by the disparity between the characteristics of corruption in the natural resources sector—which causes multidimensional impacts, including ecological and social losses—and the formulation of sanctions within the Law on the Eradication of Criminal Acts of Corruption, which remains dominated by an orientation toward state financial losses. This normative legal research, utilizing statutory, conceptual, and case approaches, aims to formulate an ideal sanction framework from the perspective of Islamic criminal law. The findings indicate that corruption in the natural resources sector is categorized as jarimah ta’zir, whose substance can be analogized (qiyās) to the concepts of ghulul, risywah, and khianat. The ideal formulation of sanctions according to Islamic criminal law not only retains positive legal sanctions to generate a deterrent effect but also integrates restorative and ecological dimensions based on the principle of ta’zir flexibility and maqāṣid al-syarī'ah (ḥifẓ al-māl and ḥifẓ al-nafs). In conclusion, expanding the orientation of sanctions to encompass the obligations of environmental rehabilitation and the restoration of community rights is crucial to realize substantive justice, prevent harm (mafsadah), and safeguard the sustainability of natural wealth for present and future generations.
Co-Authors Audi Lestari Sihotang