Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

Formulation of Sanctions for Natural Resource Corruption Through Ta'zir and Maqasid al-Shariah

Audi Lestari Sihotang (Universitas Islam Negeri Sumatera Utara Medan, Indonesia)
Noor Azizah (Universitas Islam Negeri Sumatera Utara Medan, Indonesia)



Article Info

Publish Date
30 Sep 2026

Abstract

This research is motivated by the disparity between the characteristics of corruption in the natural resources sector—which causes multidimensional impacts, including ecological and social losses—and the formulation of sanctions within the Law on the Eradication of Criminal Acts of Corruption, which remains dominated by an orientation toward state financial losses. This normative legal research, utilizing statutory, conceptual, and case approaches, aims to formulate an ideal sanction framework from the perspective of Islamic criminal law. The findings indicate that corruption in the natural resources sector is categorized as jarimah ta’zir, whose substance can be analogized (qiyās) to the concepts of ghulul, risywah, and khianat. The ideal formulation of sanctions according to Islamic criminal law not only retains positive legal sanctions to generate a deterrent effect but also integrates restorative and ecological dimensions based on the principle of ta’zir flexibility and maqāṣid al-syarī'ah (ḥifẓ al-māl and ḥifẓ al-nafs). In conclusion, expanding the orientation of sanctions to encompass the obligations of environmental rehabilitation and the restoration of community rights is crucial to realize substantive justice, prevent harm (mafsadah), and safeguard the sustainability of natural wealth for present and future generations.

Copyrights © 2026






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...