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All Journal Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Bengkoelen Justice : Jurnal Ilmu Hukum Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Mohammad Darudin
Universitas Bengkulu
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Sanctions As an Eradication Strategy Of Corruption: A Critical Study from the Perspective of Islamic Criminal Law Mohammad Darudin
Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum Vol. 3 No. 1 (2018): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v3i1.1345

Abstract

The spirit of anti-corruption movement  has been a motion since reformation era in 1998 and the government has issued various policies. Firstly, the policy relating to the substance of the law, the government has passed various laws and ratified international conventions. Secondly, the regulations concerning law enforcement agencies, the government has established the Corruption Eradication Commission, Corruption Crime Court, the Center for Reporting and Analyzing Financial Transactions (PPATK), the Witness and Victim Protection Agency (LPSK), and the establishment of internal supervisory bodies. However, these efforts seemingly face failure. The facts show that corruption increases in the executive, legislative and judicial institutions, from the center to the region level. The failure of corruption eradication can be one of the reasons that indicates the formulation of criminal sanctions in Law No. 20/2001 for corruption is weak, not appropriate for the negative impacts of the crime. Consequently, the punishment imposed has no deterrent effect for either the perpetrators or others. It is contrast to the concept of sanctions in Islamic criminal law, sanctions imposed on the perpetrators must be comparable with their evil deeds (Qur'an Surah 42, verse 40), with the aim to benefit for human both individual and collective. According to the  concept, this article will examine criminal sanctions based on Islamic criminal law as an eradication strategy of corruption. The results of this article can be a consideration for the revision of the framework in formulating criminal sanctions contained in Law No. 20 / 20011 concerning corruption.
ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW Kurniadi Agusta; Sirman Dahwal; Mohammad Darudin
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.859 KB) | DOI: 10.33369/j_bengkoelenjust.v9i2.9967

Abstract

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah   to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah   or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society. 
Criminal Sanctions As an Eradication Strategy Of Corruption: A Critical Study from the Perspective of Islamic Criminal Law Mohammad Darudin
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 3 No. 1 (2018): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v3i1.1345

Abstract

The spirit of anti-corruption movement  has been a motion since reformation era in 1998 and the government has issued various policies. Firstly, the policy relating to the substance of the law, the government has passed various laws and ratified international conventions. Secondly, the regulations concerning law enforcement agencies, the government has established the Corruption Eradication Commission, Corruption Crime Court, the Center for Reporting and Analyzing Financial Transactions (PPATK), the Witness and Victim Protection Agency (LPSK), and the establishment of internal supervisory bodies. However, these efforts seemingly face failure. The facts show that corruption increases in the executive, legislative and judicial institutions, from the center to the region level. The failure of corruption eradication can be one of the reasons that indicates the formulation of criminal sanctions in Law No. 20/2001 for corruption is weak, not appropriate for the negative impacts of the crime. Consequently, the punishment imposed has no deterrent effect for either the perpetrators or others. It is contrast to the concept of sanctions in Islamic criminal law, sanctions imposed on the perpetrators must be comparable with their evil deeds (Qur'an Surah 42, verse 40), with the aim to benefit for human both individual and collective. According to the  concept, this article will examine criminal sanctions based on Islamic criminal law as an eradication strategy of corruption. The results of this article can be a consideration for the revision of the framework in formulating criminal sanctions contained in Law No. 20 / 20011 concerning corruption.
Co-Authors Dahwal, Sirman Kurniadi Agusta