Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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Remission of corruption convicts maslahat perspective
Jumarni Jumarni, Hamzah Hasan, Abdul Wahid Haddade

Last modified: 2024-01-04

Abstract


The grant of remission is a state award to prisoners who always attempt to perform good behavior based on laws. Besides, it can contribute to the creation of safe conditions in prisons and save the cost of inmates' food budget. However, the grant of remission is considered to foster corruption. This research aimed: 1) to reveal the facts of the implementation of remission for corruption convicts in Indonesia; 2) to examine the perspective of the community towards the grant of remission for corruption convicts. This research applied normative theological approaches (Islamic law) and normative juridical (positive law). Further, the normative theological approach refers to an approach used in a study in which the problems to be discussed are based on norms or rules reflected in Islamic law. Moreover, this study is also concerned with normative juridical aspects by looking at laws and regulations and their determination. The results indicated that remission to corrupt convicts has not been implemented according to the maslahat principle in Islam because it will pose a greater danger so remission should not be granted. Besides, the government should educate society to anticipate potential attempts of corruption at an early stage through education and local government. Furthermore, officials' election must consider those who are honest, trustworthy, zuhud, and can fulfill their basic needs. Also, it is essential to record and audit the amount of wealth of officials. If someone continues to break the rule, strict sanctions must be applied to give a deterrent effect based on Islamic law.

Keywords


Remission; corruption; Maslahat

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