DAMPAK SISTEM PERUMUSAN ANCAMAN PIDANA MATI TERHADAP TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 31 TAHUN 1999 jo UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI DAN HUKUM ISLAM

Dwi Cahyani, Tinuk (2008) DAMPAK SISTEM PERUMUSAN ANCAMAN PIDANA MATI TERHADAP TINDAK PIDANA KORUPSI DALAM UNDANG-UNDANG NOMOR 31 TAHUN 1999 jo UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI DAN HUKUM ISLAM. Other thesis, University of Muhammadiyah Malang.

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DAMPAK_SISTEM_PERUMUSAN_ANCAMAN_PIDANA_MATITERHADAP_TINDAK_PIDANA_KORUPSI_DALAM_UNDANG_UNDANGNOMOR_31_TAHUN_1999_jo_UNDANG_UNDANGNOMOR_20_TAHUN_2001.pdf

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Abstract

Corruption is not anymore rareness something, but approximant was done by some of functionaries, council, judge, police, and other. The fact is every day there are corruption case judged. This case indicates that corruption perpetrator in Indonesia has cannot be assumed extraordinary or is ordinary, like peckish oedema, however it has come up with storey '' very dangerous''. Sanction of Prison and ''sin'' no longer make effect to discourage or fearful for corruption perpetrator. Capital Punishment or penalization picks off for corruption perpetrator is in kind penalization. Rule about crime died in invitors Nomor 31 The year 1999 only arranged in one sections, that is Section 2 article (2) which says :" In the case of corruption crime as referred to in aricle (1) done in certain condition, death crime can be judged." Hereinafter, in "Explanation Section 2 article (2)" stated: " The concerned "certain situation" inthis rule meant, as ballast for corruption crime perpetrator if the crime is done when state in a state of danger as according to law applied, when happened national natural disaster, as repetition of corruption crime, or when state in a state of economic crisis and monetary." This research is library research with research model of normatif law with aim to get result from research which has been done about the impact of formulation system of dead crime threat to corruption crime in invitor Nomor 31 The year 1999 jo invitors Nomor 20 The year 2001 about eradication of corruption crime and Islamic law. This research focussed at two things that is the impact and formulation system of dead crime threat in invitors Nomor 31 The year 1999 jo invitors Nomor 20 The year 2001 about eradication of corruption crime and Islamic law From the research result which has been done, can be concluded that the impact of formulation system of dead crime threat to corruption crime in invitors Nomor 31 The year 1999 jo invitors Nomor 20 The year 2001 about eradication of corruption crime that is judge in deciding applies cumulative formulation system, was proven with crime judged that is in the form of prison and penalty? But there is no one also corruption case judged by penalization of dead crime so that that thing can generate un­justice taste in society. In section 2 article( 2) inventors number 31 the year 1999 with using of new constrain " certain situation" in invitors nomor 31 the year 1999, dead threat of punishment is also increasingly far from reality. Even to tsunami disaster, if government assess that event is as local event, because the lossing impact was generated not to flatten in approximant most of Indonesia region, if there is corruptor, she would difficult to be ensnared with the section. On the other side, in the discource of the classical Islamic law (fiqh), behavior of corruption has not obtained portion of adequate solution, when the (fuqaha) talks about badness to eat wealt and chattel not truely ( akl amwal al­nas bi al­bathil) like prohibited in al­Qur'an. Among various form of this badness is likely very alike its the substance with corruption is ghulul. It was interpreted as betrayal to trust in management of war booty. If fuqaha in the conventional Islamic criminal law (fiqh al­jinayat al­fiqh al­jinai) takes ghulul in categorizing crime (jarimah) ta'zir which its the big or small penalization ('uqubah) delivered to government and judge, that thing is perceivable, remembering badness of ghulul is still in small scale which has not become great threat. But need to be underlined that penalization (ta'zir) although at its the origin aim to give (lil al­ta'dib) its form not in light arrest. Like written by Abd al­Qadir Awdah in Al­Tasyri ' al­Jinai al­Islami, many fuqaha enabling ta'zir crime in the form of capital punishment if importance of public interst (idza iqtadlat al­mashlahah al­'ammah taqrir ' uqubah al­qatl). By paying attention to threatened public interest seriously by crime of the existing corruption, hence punishing of ta'zir penalization which is hardest (capital punishment) for high level corruptors is justified by Islam, so that will be able to give justice impact in public. This thesis obtains four chapters. In the first chapter studies about background, problem formula, purpose and contribution of research, definition of operational, approach and research method and explanation systematic. In the second chapter is library research in which writer elaborates about formulation system of dead crime threat to corruption crime according to invitors Nomor 31 the year 1999 jo invitors Nomor 20 The year 2001 About Eradication of Corruption Crime and Islamic law. In third chapter writer arises the result of research and solution about the impact of formulation system of dead crime threat to corruption crime according to invitors Nomor 31 the year 1999 jo invitors Nomor 20 The year 2001 About Eradication of Corruption Crime and Islam law. In fourth chapter consisted of conclusion and suggestions thinking it necessary for writer related to problems studied.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Syariah
Depositing User: Anggit Aldila
Date Deposited: 02 May 2012 03:21
Last Modified: 02 May 2012 03:21
URI: http://eprints.umm.ac.id/id/eprint/3780

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