Juridical Analysis of Death Criminal Sanctions against Criminal Acts of Corruption in Indonesia And According To Islamic Criminal Law

Abstract

The author reviews the laws and regulations concerning the death penalty for perpetrators of corruption in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In the research as the researcher did, the researcher discusses the laws and regulations regarding the death penalty for perpetrators of criminal acts of corruption in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption, as well as Islamic views on this matter and in the future renewal of Indonesian law. This study uses a normative juridical approach. Based on the results of the study, conclusions were obtained, namely: First, the application of the death penalty for perpetrators of corruption has been regulated in Article 2 paragraph (2) of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Second, the death penalty for perpetrators of corruption in Islam can be applied because it is based on ta'zir punishment which is very dependent on the demands of benefit. Implementing the death penalty for perpetrators of criminal acts of corruption is legitimate considering that Islam classifies it to the application of ta'zir. Third, criminal law reform is essentially an effort to review and reassess ("reorientation and re-evaluation") sociopolitical, socio philosophical.