Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Vol 6, No 1 (2026): IN PRESS

Enhanced Criminal Penalties for Corruption under Aggravating Circumstances: Legal Certainty and Justice from an Islamic Law Perspective

Ridwan Ridwan (Fakultas Hukum, Universitas Sultan Ageng Titayasa)
Rena Yulia (Fakultas Hukum, Universitas Sultan Ageng Titayasa)
Muhyi Mohas (Fakultas Hukum, Universitas Sultan Ageng Titayasa)
Muhamad Noor Fajar Al Arif Fitriana (Fakultas Hukum, Universitas Sultan Ageng Titayasa)
Salsabila Oktaria Miraj (National Land Agency (Ministry of Agrarian Affairs and Spatial Planning), Tangerang)



Article Info

Publish Date
30 Jun 2026

Abstract

Corruption is an extraordinary crime poses a profound threat to public finance, institutional integrity, and the rule of law. Indonesian anti-corruption legislation permits aggravated penalties, including capital punishment, under "certain circumstances"; however, this qualifying element appears only in the statutory elucidation, creating uncertainty in judicial interpretation and sentencing. This study examines the legal construction of aggravated punishment through the principles of legal certainty and justice, incorporating perspectives from Islamic law. Using normative juridical research with statutory, conceptual, and comparative approaches, the study analyzes primary, secondary, and tertiary legal materials. The findings demonstrate that locating the "certain circumstances" requirement outside the operative provisions weakens legal certainty and undermines consistent judicial application. From the perspective of Islamic law, aggravated punishment accords with the principles of ta'zir, maslahah, and maqāṣid al-sharī'ah by protecting public interests and strengthening deterrence against corruption. This study proposes reformulating the statutory framework by incorporating the aggravating circumstances into the substantive provisions of the law, thereby reinforcing legal certainty while aligning Indonesia's anti-corruption policy with constitutional values and Islamic legal principles.

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Journal Info

Abbrev

jurisprudence

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, ...