Analysis of hifz al mal in maqasid al shariah against the article Criminal Act of Corruption in the criminal code of Indonesia

Sanuri, Sanuri (2022) Analysis of hifz al mal in maqasid al shariah against the article Criminal Act of Corruption in the criminal code of Indonesia. Al Jinayah: Jurnal Hukum Pidana Islam, 8 (1): 5. pp. 58-74. ISSN ISSN (Cetak): 2460-5565, ISSN (Online): 2503-1058

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Abstract

Several points in the Criminal Code (KUHP) which are considered controversial. The theme above will be broken down through several important features in the theory of maqasid al-shari'ah, namely: (1) the principle of maslahah in the rubber article of corruption; (2) reduction of criminal penalties for corruptors in the lens of hifz al-nafs; (3) corruption as an extraordinary crime vs. hifz al-mal; (4) distance the deterrent effect and benefit corruptors from the perspective of hifz al-mal; and (5) daruriyyah level for the Corruption Perception Index (CPI) in Indonesia. In this study, data were obtained through documentation techniques while still based on a deductive mindset and a descriptive-critical-analysis model. The results of the study explain that the spirit of novelty in the Criminal Code in Indonesia is directly proportional to the spirit of realizing maslahah for all components of the nation and has fulfilled the character of daruriyyah. However, there are still a few problems in the aspects of hifz al-nafs and hifz al-mal because several points of change have not fully reflected the demands of the wider community.

Item Type: Article
Creators:
Creators
Email
NIDN
Sanuri, Sanuri
sun_76@yahoo.com
2021017603
Uncontrolled Keywords: Corruption crime; criminal code; hifz al mal; maqasid al shariah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180106 Comparative Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure (incl. Islamic Criminal Law, Jinayat)
Divisions: Karya Ilmiah > Artikel
Depositing User: Sanuri Sanuri
Date Deposited: 11 Apr 2023 02:59
Last Modified: 11 Apr 2023 03:00
URI: http://repository.uinsa.ac.id/id/eprint/2987

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