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All Journal Ta'zir: Jurnal Hukum Pidana ELQONUN: Jurnal Hukum Ketatanegaraan
Rina Antasari
Universitas Islam Negeri Raden Fatah Palembang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGATURAN PEMBEBASAN BERSYARAT BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM UNDANG-UNDANG NO 22 TAHUN 2022 TENTANG PEMASYARAKATAN MENURUT PERSPEKTIF HUKUM PIDANA ISLAM Yunita Yunita; Rina Antasari; Armasito Armasito
Tazir Vol 7 No 2 (2023): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v7i2.20459

Abstract

ABSTRACT Conditional release arrangements for perpetrators of corruption in Indonesia are in Law No. 22 of 2022 concerning Corrections, from the perspective of Islamic criminal law. The criminal act of corruption in Indonesia is an extraordinary crime, which must also be dealt with in an extraordinary manner. However, the existence of this law provides legal relief in the form of parole without exception for all criminal acts. So that there were pros and cons among the people when this law was enacted. In this paper, two formulations of the problem will be discussed, namely: First, how to regulate parole for perpetrators of corruption in Indonesia in Law No. 22 of 2022 concerning Corrections. Second, what is the perspective of Islamic criminal law regarding the conditions for parole for perpetrators of corruption in Indonesia. The method used in this research is library research. This research is a collection of data, information, or information obtained from the results of data collection. In the form of library data such as books, articles, notes, journals, laws and so on. Then, it is analyzed so that conclusions are drawn from the results of the study. Conditional release for perpetrators of corruption in Law No. 22 of 2022 concerning Corrections. It has been set and implemented according to the applicable regulations. However, the criminal act of corruption must be prosecuted as an extraordinary crime, because from the side of justice it is contrary to legal justice, legal certainty, and the usefulness of law. Sanctions for perpetrators of corruption are a typical form of crime whose scope can range from the simple to the heaviest levels and have massive consequences, so takzir laws can be applied such as putting corruptors on the list of disgraceful persons, dismissing them from their positions, alienating them from the public, confiscating assets twice as much. from the proceeds of corruption crimes, even the death penalty according to the level of corruption crimes committed and the negative consequences that arise. takzir concept related to parole in Islamic law. Takzir punishment is an educational punishment for sinful acts (immorality) whose punishment has not been determined by syara'. The simple meaning of the takzir punishment is a punishment that has not been determined by syara' but is left to the government both for its determination and its implementation. Keywords: Islamic Criminal Law, Waste, Enforcement, Environmental Pollution, Crime.
Judicial Commission and Wilayat Al-Mazalim: A Comparative Study on The Independence of Judicial Sultan Ahmad A'thoillah; M. Afiq Zamzami Mawardi; Weldani Zahira; Rina Antasari
ELQONUN: HUKUM KETATANEGARAAN ISLAM Vol 4 No 1 (2026): ELQONUN: Jurnal Hukum Ketatanegaraan
Publisher : Fakultas Syariah dan Hukum UIN Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/elqonun.v4i1.34851

Abstract

This study addresses the limitations of the Judicial Commission in Indonesia in exercising effective judicial oversight, particularly due to its restricted constitutional authority in supervising judges’ conduct and maintaining judicial integrity. The research compares the Judicial Commission within Indonesia’s constitutional framework with the institution of Wilayat al-Mazalim in the classical Islamic legal tradition to explore alternative concepts of independent judicial oversight. This study aims to analyze the relevance of Wilayat al-Mazalim in strengthening the role and authority of the Judicial Commission in contemporary judicial governance. Using a qualitative method with a normative-comparative approach, the study examines and compares the two institutions in terms of authority, institutional legitimacy, supervisory functions, and mechanisms of accountability through library research involving constitutional regulations, legal scholarship, and classical Islamic legal literature, including al-Mawardi’s Al-Ahkam al-Sultaniyyah. The findings reveal that both institutions share fundamental principles of justice, ethical supervision, and accountability in judicial conduct. However, Wilayat al-Mazalim possessed broader judicial and executive authority under the caliphal system, while the Judicial Commission functions within constitutionally restricted supervisory powers that limit its enforcement capacity. The novelty of this study lies in its integration of classical Islamic constitutional thought into contemporary discourse on judicial reform in Indonesia. The study concludes that the principles embodied in Wilayat al-Mazalim may provide a conceptual foundation for strengthening the authority and effectiveness of the Judicial Commission in promoting judicial accountability and enhancing public trust in the judiciary.
Co-Authors Armasito Armasito M. Afiq Zamzami Mawardi Sultan Ahmad A'thoillah Weldani Zahira Yunita Yunita