CONTRIBUTION OF ISLAMIC LAW IN THE DEVELOPMENT OF CORRUPTION CRIMINAL LAW

Indoneisa as one of the largest Muslim population in the world requires the contribution ofIslamic law in fighting against corruption. As corruption has damaged all aspects of life inIndonesia, it needs special handling. The problem discussed in this paper is how the criminalact of corruption is regulated in national criminal law and Islamic criminal law and how Islamiclaw contributes to the development of criminal law on corruption. This is a normative researchusing traditional customs as the secondary data. The National Law on Corruption defines arestriction on the imposition of the death penalty, where the death penalty will only be imposedif the criminal act of corruption is committed under certain circumstances. In Islamic law,corruption belongs to the act of fasad (the act destroying the order of life). There are at leastfour conceptions in the Islamic law on corruption, especially in Indonesia, including ghulul(abuse of authority), sariqah (theft or embezzlement), khianah (treasonous), and risywah(bribery or graft) Corruption is equated with Jarimah Hirabah whose punishment is death,crucifixion, corporal punishment or isolation. Death penalty has been mentioned in theNational Law on Corruption of Article 2, paragraph 2 and has been reinforced by the Al-Qur'anin Surah Al-Maidah, verse 33. Death penalty needs to be applied to corruptors because criminalact of corruption can harm the welfare and prosperity of a country.