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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Sipakainge: Inovasi Penelitian, Karya Ilmiah, dan Pengembangan
Norfazilah
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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TRADISI SIGAJANG LALENG LIPA’ PERSFEKTIF HUKUM NASIONAL DAN HUKUM ISLAM Norfazilah; Zulfia Adelia; Anugrah Ramadhani
Sipakainge: Inovasi Penelitian, Karya Ilmiah, dan Pengembangan (Islamic Science) Vol 2 No 1 (2024): Sipakainge: Inovasi Penelitian, Karya Ilmiah, dan Pengembangan
Publisher : IAIN Parepare

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Abstract

This research explores the Bugis customary law tradition, Sigajang Laleng Lipa', from the perspective of national and Islamic law. This tradition is used as a last resort in conflict resolution through duelling inside the sarong. The aim of this research is to fill the gap of previous studies by focusing on prevention strategies from the perspective of national and Islamic law. The research method is descriptive-analytical qualitative with document analysis. The results show that Sigajang Laleng Lipa' contradicts Indonesian positive law that prohibits physical violence, as well as being incompatible with Islamic law that encourages peaceful dispute resolution. This research contributes by identifying prevention strategies through law enforcement, apparatus training, socialisation, and strengthening the value of peace in Islam. The novelty of this research lies in the integration of national and Islamic legal perspectives to prevent the return of this tradition. The results are expected to provide an understanding of the synergy between national and Islamic law in preserving cultural values while upholding justice and peace.
From Confiscation to Prevention: Asset Confiscation and the Impoverishment of Corruptors in Islamic Jurisprudence Norfazilah; Andi Marlina; Rasna; Wahidin
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.32508

Abstract

This research is motivated by the weak deterrent effect on corruption perpetrators in Indonesia, where imprisonment, fines, and compensation have not been able to eliminate economic benefits or recover state losses. The formulation of this research problem involves two key aspects: first, how Islamic jurisprudence views the policy of impoverishing corruptors through asset confiscation; second, how the concept and mechanism of impoverishing corruptors are applied in the Indonesian positive legal system and Islamic jurisprudence. This study employs a normative juridical approach, utilizing statutory guidelines, conceptual designs, case studies, and a comparative analysis of asset forfeiture models in Malaysia, Singapore, the UAE, and Saudi Arabia. Research findings suggest that depriving corruptors of their assets is effective in stripping them of their economic benefits, recovering state losses, and enhancing the deterrent effect. From a fiqh jinayah perspective, this policy is legitimate as a form of ta'zīr punishment that is relevant to the maqāṣid al-sharī‘ah, especially in safeguarding assets (ḥifẓ al-māl) and preventing public harm. This study emphasizes the need to strengthen asset confiscation through the ratification of the Asset Confiscation Bill and the implementation of proportional and accountable non-conviction-based asset forfeiture. The novelty of this study lies in the comprehensive integration of positive law, deterrence theory, and the principles of fiqh al-jinayah to establish moral, juridical, and Sharia legitimacy for the strategy of impoverishing corruptors.
Co-Authors Anugrah Ramadhani Marlina, Andi Rasna Wahidin Zulfia Adelia