Law Development Journal
Vol 8, No 2 (2026): June 2026

Reconstruction of Sentencing for Public Officials Committing Corruption Crimes Based on Restorative Governance in the Perspective of Ta‘zīr

Noor Azizah (Universitas Islam Negeri Sumatera Utara)
Zulham Zulham (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
03 Jul 2026

Abstract

Public officials who commit corruption crimes constitute a systemic form of crime that has broad impacts on economic stability, public trust, and the effectiveness of governmental governance. Although the provisions under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 have established strict sanctions, the predominantly retributive sentencing approach is considered insufficient to realize substantive justice, particularly in terms of state financial recovery and institutional reform. This study aims to reconstruct a sentencing model for public officials involved in corruption crimes based on Restorative Governance within the perspective of Ta‘zīr. The research employs a normative juridical method with statutory and conceptual approaches, alongside qualitative analysis of primary and secondary legal materials. The findings reveal that the Restorative Governance approach emphasizes the recovery of state losses, the strengthening of accountability, and governance system reforms, which are conceptually aligned with the principles of Ta‘zīr in Islamic criminal law that are flexible and oriented toward public benefit (maslahah). The novelty of this research lies in the integration of the concepts of Restorative Governance and Ta‘zīr in formulating a more adaptive and justice-oriented sentencing model for corruption crimes. This study recommends reforms in criminal law policy through strengthening restorative approaches within the sentencing system in order to enhance the effectiveness of combating corruption crimes.

Copyrights © 2026






Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...