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All Journal JUSTISI Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Nasution, Fatimah Islamy
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Pardon for Corruptors: An Examination of Repentance and Restitution in Islamic Criminal Law Nasution, Liantha Adam; Nasution, Fatimah Islamy; Siti Aminah; Zulfahmi , Zulfahmi
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4365

Abstract

This study aims to analyze the granting of clemency to perpetrators of corruption who return assets from the perspective of positive law and Islamic criminal law. This study examines the definition, elements, and mechanisms for handling corruption based on Law No. 31 of 1999 jo. Law No. 20 of 2001, Law No. 22 of 2002, and discusses the concept of jarimah ghulul in Islamic law, which emphasizes sincere repentance and restitution as prerequisites for divine forgiveness. The method used in this study is legal-normative and literature review to compare national legal norms with the principles of maqashid syariah, with a focus on maintaining justice, deterrence, and prevention of criminal acts. The novelty of this research lies in the fact that sincere repentance accompanied by restitution is an essential element for obtaining divine forgiveness, without neglecting the function of ta'zir punishment as a deterrent to prevent the repetition of the same act. The results of the study indicate that although clemency in positive law can be seen as a humane step toward the rehabilitation of offenders, its application must be accompanied by the condition of full asset restitution and a thorough evaluation of the socio-economic impact. This study provides recommendations for reforming pardon policies and integrating Islamic legal principles into regulations governing the restitution of corrupt officials' assets, with the aim of supporting comprehensive, fair, and effective anti-corruption efforts. These conclusions are expected to serve as a reference for policymakers and legal practitioners in formulating pardon mechanisms that not only prioritize humanitarian aspects but also uphold justice and prevent the recurrence of similar criminal acts.
Clemency, Asset Restitution, and Islamic Law: Rethinking Justice for Corruption Offences in Indonesia Nasution, Liantha Adam; Nasution, Fatimah Islamy; Aminah, Siti; Zulfahmi, Zulfahmi
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12838

Abstract

The practice of granting clemency to corruption offenders who return misappropriated assets remains insufficiently examined within the framework of Islamic law, giving rise to an unresolved tension between humanitarian considerations and substantive justice. While existing studies have largely addressed clemency and asset recovery from the perspective of positive law, scholarly attention to their normative implications in Islamic law remains limited, particularly with regard to ghulul (the misappropriation of public wealth), the obligation of restitution (rad al-mazalim), and preventive sanctions (tazir). This article critically examines whether granting clemency to corrupt offenders who return assets can be justified under Islamic law, while also assessing its compatibility with Indonesia’s positive legal system. This study employs a juridical-normative approach by analysing primary legal materials, including presidential regulations on clemency and statutory provisions on corruption eradication, alongside classical and contemporary Islamic legal sources. The findings indicate that although clemency in positive law may function as a humanitarian and rehabilitative instrument, its legitimacy must be contingent upon full asset restitution and a careful evaluation of its socio-economic impact. From an Islamic legal perspective, sincere repentance (taubat nasuha) accompanied by restitution constitutes an absolute moral and legal obligation; however, it does not negate the necessity of tazir sanctions as a deterrent mechanism to safeguard the public interest and prevent the recurrence of similar offences. This article underscores the need to reconceptualise justice in the adjudication of corruption cases through the integration of Islamic legal principles into clemency and asset restitution policies, with the aim of establishing a more comprehensive and substantively just framework for corruption eradication in Indonesia.
Co-Authors Nasution, Liantha Adam Siti Aminah SITI AMINAH Zulfahmi , Zulfahmi Zulfahmi Zulfahmi