Views of Criminal Law Experts on Providing Remissions For Corruption Prisoners: Islamic Criminal Law Perspective

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Deby Aura Aliffia
Adik Haryanto Prastyawan
Ahmat Luqman Nanda

Abstract

In Indonesia, corruption is included in an extraordinary group of crimes. With this unique title, the revocation of permits for corruptors is being discussed, resulting in pros and cons from the public and legal experts. Regarding the recognition of the problem in writing this article, the author limits whether the cancellation of the pretext of corruption is in line with the current law or actually contradicts human rights. This research uses a normative juridical approach, namely by reading literature data or secondary data. Regarding the results of the examination, the revocation of corruption remissions is not in line with current regulations, especially Law Number 12 of 1995 concerning Corrections, namely Article 14 (1) (i), which states the reduction of criminal time (sentence). Corruption in Islamic law is included in ta'zir because it is not explicitly mentioned in the Qur'an and hadith. According to Islamic criminal law, the ta'zir Jarimah can be given to the creator of the Jarimah as in QS An-Nissa verse 16, which means: "And against two people who commit an abominable act among you, then give punishment to both of them, then if both of them repent and make amends themselves, so let them be. Indeed, Allah is the Most Accepting of repentance, the Most Merciful." then if both of them repent and improve themselves, then let them be. Indeed, Allah is the Most Accepting of repentance, the Most Merciful." then if both of them repent and improve themselves, then let them be. Indeed, Allah is the Most Accepting of repentance, the Most Merciful."

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Deby Aura Aliffia, Adik Haryanto Prastyawan, & Ahmat Luqman Nanda. (2022). Views of Criminal Law Experts on Providing Remissions For Corruption Prisoners: Islamic Criminal Law Perspective. Proceeding of International Conference on Sharia and Law, 1(1), 168-172. Retrieved from https://proceedings.uinsa.ac.id/index.php/ICOSLAW/article/view/972
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