How Corruptor Should Be Punished? A Comparative Study Between Criminal Law, Islamic Law, and Customary Law
Abstract:
After its independence, Indonesia established a criminal justice system based on “sharia” but also recognized certain regional customary laws. The customary law in Indonesia is the law of the traditional community enforceable within a community and its members. This article aimed to discuss how corruptors should be punished in Indonesia from three perspectives: Criminal law, Islamic law, and the customary law. This article used normative legal research with comparative and case approaches to determine how effective punishment for the corruptor is in accordance with each perspective. As a result, this article found that according to criminal law, Indonesia's legal system has a different meaning of corruption cases during the old order, new order, and reform era. Those differences make the punishment for corruptors also differ in each order. However, in Islamic law, the corruptor should be punished with Hudud (based on Qishas), like the punishment for the thief. The same thing happened from the perspective of customary law, while the corruptor should be punished as a thief. As a recommendation, the author suggests that criminal law in the Indonesian legal system should be bound by the values of Islamic law and customary laws to punish corruptors.
Keyword:
corruptor; criminal law; Islamic law; customary law