PEMISKINAN TERHADAP KORUPTOR DI INDONESIA PERSPEKTIF HUKUM POSITIF DAN HUKUM PIDANA ISLAM

Abstract

The problem of this research is the problem of the proliferation of corrupt behavior which always continues without stopping. As a result of this impact, many injustices occur. Because, even though sanctions have been imposed on the perpetrators, they do not deter them. Due to this problem, the idea of impoverishment sanctions against corrupt actors emerged as one of the deterrent effects that we wanted to provide which still reaps the pros and cons. From that, next: How is the Impoverishment of Corruptors in Indonesia from a Positive Legal Perspective? and How is the Impoverishment of Corruptors in Indonesia Perspective of Islamic Criminal Law?. This researcher used the content analysis method. Content analysis is defined as a technique of collecting and analyzing the contents of a text. Corruption is not only limited to harming state finances or the state's economy, but also includes harming society or individuals. Therefore, in positive law the formula can be grouped, namely, offenses that can harm finances. state or state economy, bribery offense, embezzlement offense, extortion offense. counterfeiting offense. From the results of this research, regarding the impoverishment of corruptors in positive law, if the defendant has been proven to have committed corruption and has received a decision from the court which has permanent legal force, then the impoverishment of corruptors from a positive legal perspective can be enforced. Meanwhile, the impoverishment of corruptors in Islamic criminal law can be said to fall into the category of takzir, in this case the judge is the one who has the authority to choose a punishment that is appropriate to the circumstances of the perpetrator's criminal act. Thus, impoverishing corruptors from an Islamic criminal law perspective can also be implemented.