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All Journal ISLAMICA: Jurnal Studi Keislaman
Nasrullah Nasrullah
Sekolah Tinggi Agama Islam Negeri Malikussaleh Aceh
Religion Education

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Kontribusi Teori Sanksi dan Asas Pembuktian terhadap Jarîmah Korupsi di Indonesia Nasrullah Nasrullah
Islamica: Jurnal Studi Keislaman Vol. 9 No. 2 (2015): Maret
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.714 KB) | DOI: 10.15642/islamica.2015.9.2.479-502

Abstract

Islamic law consists of a set of norms, principles and rules of law enforcement, dealing with the eradication of corruption. In the history of Islamic law, there have been the theories and principles of Islamic law, such as the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ (known as the reversed evidence) regarding the application of criminal sanctions of corruption. The application of criminal sanctions of corruption in Indonesia, especially with regard to the principle of reversed evidence has not been well-formulated. For the perfection of legislation in combating corruption, it is possible for the Indonesian government to amend the existing legislation, in order to make the country free from corruption. This paper focuses on the study of theoretical contributions on sanctions and the principle of proof evidence in Islamic criminal law to be transformed into criminal sanctions of corruption in Indonesia, which refers to the theory of jawâbir, zawâjir, and the principle of min ayn lak hâdhâ, which had been done previously by the caliph ?Umar b. al-Khatt?b and succeeded in preventing and combating corruption.
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