DEATH CRIMINAL POLICY AGAINST PERSONS OF CRIME OF CORRUPTION IN CRIMINAL LAW IN INDONESIA VIEWED FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL

Abstract

Corruption is included in the category of very large criminal acts and is very detrimental to the nation and state in a region. Indonesia according to the Transparency International (TI) report has a Corruption Perception Index (GPA) of 38 in 2021, higher than the previous year which reached 37. This shows that Indonesia is not good at handling criminal acts, even in the top 5 most corrupt countries in Asia. While the threat of punishment in Law no. 31 of 1999 Jo. UU no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is quite high, namely life imprisonment or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) years and a fine of at least Rp. 200,000,000 (two hundred million rupiah) and a maximum fine of Rp. 1,000,000,000 (one billion rupiah), and the death penalty. It's just that in practice the death penalty has never been implemented. Therefore, it can be said that law enforcement against criminal acts of corruption has not run optimally, as seen from the data from Indonesia Corruption Watch (ICW), during 2010-June 2018 there were 253 regional heads who were designated as corruption suspects. While the death penalty according to the Qur'an is possible as stated in Q.S. Al-Kahf verse 79 and Surah al-Ma'idah verse 33.