Analisis Sanksi Pidana Dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi Di Indonesia Ditinjau Dari Konsep Ta’zîr Dan Maqâshid Al-Syarî’ah Dalam Hukum Pidana Islam

Abstract

In the Islamic criminal law, there are differences of opinion in classified of kind of corruption becasuse the differences in the use of the concept qiyas (analogy) in offenses hudûd in Islamic criminal law. Islamic jurists differ on the sanctions system of imprisonment and fines in ta'zir criminal acts, so how  the threat of sanctions the death penalty for ta’zir criminal act. The objective of the  this study,  first to Knowing the type of Corruption In Eradication Corruption Act  From Qualifications Corruption In Islamic Criminal Law; second, the Criminal Sanctions Threat To Know Prison And There In The Penalty Law on Corruption Eradication  From Concept ta'zir And Al-maqashid of sharia in Islamic Criminal Law; third, the Criminal Sanctions Threat To Know Death penalty In Law of Corruption Eradication  From Concept ta'zir And Al-maqashid of sharia in Islamic Criminal Law. The conclusion showed that: first, the Islamic criminal law, there are at least six types jarimah (criminal acts) relevant to corrupt practices at the time of the Prophet; second, imprisonment is an integral part of the system of legal sanction in Islam; The third death threat of criminal sanctions contained in Article 2 paragraph (2) of Law No. 31 of 1999 jo Law No. 20 of 2001 on Corruption is in conformity with the concept ta'zir and maqasid al-shari'ah law  in Islamic criminal law.