Teori Al-Maslahah dan Aplikasinya dalam Norma Kriminalisasi Undang-Undang Antikorupsi

Asmawi Asmawi
Journal article Ahkam: Jurnal Ilmu Syariah • Juli 2013 Indonesia

Abstrak

: The Theory of al-Maslahah and its Application in Criminalization Norms of the Law on Anti-Corruption. This study demonstrates that the theory of al-maslahah has been applied in criminalization norms of the law on corruption eradication, namely in the criminalization norms of corruption related to a country's finances or economy and the criminalization norms of corruption related to bribery. It can be concluded that the existence of such relevance carries the implication that the norms of Islamic criminal law have undergone a transformation or objectification through the application of al-maslahah into an arrangement of national criminal laws, which are represented by anti-corruption criminal law. The existence of such relevance also carries an implication that the anti-corruption criminal law has undergone Islamization through the application of al-maslahah, especially within the criminalization norms that are contained in it. In other words, the criminal law on anti-corruption in Indonesia is Islamic or has validity shar‘î, because it pervades the norms of Islamic criminal law through the application of the theory of al-maslahah.

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Jurnal

Ahkam: Jurnal Ilmu Syariah

Ahkam: Jurnal Ilmu Syariah diterbitkan oleh Fakultas Syariah dan Hukum Universitas Islam Negeri (... tampilkan semua