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All Journal Al-'Adl Focus: Jurnal of Law Anayasa
Mustaufiq, Mustaufiq
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Reviewing Islamic Criminal Punishment Views On Corruption Asset Confirmation Without Crimination Mustaufiq, Mustaufiq; Kurniati, Kurniati; Misbahuddin, Misbahuddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.5310

Abstract

The paper discusses the Islamic criminal system's views on confiscating corruptors’ assets, which has been proposed for a draft law since 2012. The confiscation of assets is a solution to provide a deterrent effect and restore state losses. This study uses library research methods with a normative approach to answering the question, "what is the view of Islamic crime on the concept of confiscation of assets without punishment?". The results state that the confiscation of assets resulting from criminal corruption is a form of ta'zir punishment that has been accommodated in Islamic criminal law, Islamic criminal law allows doubling corporal punishment and fines, to provide a deterrent effect on criminal offenders. Confiscation of assets has also fulfilled the essence of Islamic punishment in fulfilling the rights of Allah, rewarding in kind for the actions committed, and remorse that creates a desire to repent for the perpetrators.
THE SUPERVISION OF THE INTERNAL GOVERNMENT INTERNAL SUPERVISORY APPARATUS (APIP) ON THE ABUSE OF AUTHORITY IN GOVERNMENTAL POSITIONS IN JENEPONTO REGENCY Mustaufiq, Mustaufiq; Sultan, Lomba; Ridwan, Muh. Saleh; Hasan, Hamzah
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.192

Abstract

The objective of this research was to examine the oversight conducted by the Government's Internal Control Apparatus (APIP) regarding the misuse of official authority within the Jeneponto District Government. This research employs a qualitative methodology with a sociological research approach. The informants include the Auditor of the Jeneponto Regency Government Internal Supervisory Apparatus, the Head of the Sub-Division of Discipline Development, Welfare, and Facilitation of the ASN Profession at the Jeneponto Regency Personnel and Human Resources Development Agency (BKPSDM), the Secretary and Acting Head of Treasury at the Jeneponto Regency Financial and Asset Management Agency, the Head of Budget at the Jeneponto Regency Financial and Asset Management Agency, and the Regent of Jeneponto. Data collection methods encompass observation, interviews, and documentation. Subsequently, the techniques for processing and analyzing data are executed through three distinct phases: data collection, data reduction, data presentation, and conclusion drawing. The outcomes indicate that: 1) The supervision by the Government Internal Supervisory Apparatus (APIP) over the abuse of authority in the Jeneponto Regency Government is not fully optimizing APIP's role in supervising, guiding, evaluating, and monitoring the duties and functions of regional apparatuses in the execution of bureaucratic activities. This is evidenced by the presence of several civil servants who have been implicated and directly involved in legal proceedings due to exceeding their official authority. 2) There is a shortage of qualified auditors, with the current number of personnel being insufficient relative to the number of civil servants requiring oversight across 11 sub-districts and 113 villages.
A STUDY OF RENE DESCARTES' PHILOSOPHY OF RATIONALISM IN THE CONTEXT OF LAW IN INDONESIA Dendy, Alfi; Mustaufiq, Mustaufiq; Amren, Amren; Ibanes, Reivo; Malau, Parningotan
FOCUS: Jurnal of Law Vol 5 No 1 (2024): Focus: March Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i1.734

Abstract

This study examines the influence of René Descartes' rationalist philosophy on the development of Indonesian law, particularly through the framework of Law No. 12 of 2011 on the Formation of Legislative Regulations. Descartes' emphasis on reason as the primary tool for acquiring knowledge and truth is analyzed within the context of legal interpretation in Indonesia. Using a juridical-normative approach, this research reviews secondary data, including legal texts and academic articles, to explore how Descartes' rationalism has shaped the interpretation and application of law in Indonesia. The study concludes that Descartes' principles of logical and systematic reasoning play a crucial role in the formation of legal norms in Indonesia, promoting a legal system that prioritizes clarity, consistency, and justice. The research also highlights the continued relevance of Descartes' ideas in contemporary legal practices and underscores the importance of integrating rationalism into legal philosophy to achieve fair and transparent governance.
Co-Authors Amren, Amren Dendy, Alfi Hamzah Hasan, Hamzah Ibanes, Reivo Kurniati Kurniati Lomba Sultan Malau, Parningotan Misbahuddin Misbahuddin Ridwan, Muh. Saleh