Studi Perbandingan Tentang Grativikasi Di Tinjau Dari Hukum Islam Dan Hukum Positif

Gratification is one form of abuse of power that is difficult to prove due to the culture of society accepting or giving gifts to someone as a form of appreciation, gratitude, or recognition of performance. The aim of this study is to compare the act of gratification from the perspective of Islamic law and positive law in force in Indonesia. The research method used is qualitative research with a juridical/normative approach and a statute approach, conducted through literature reviews, secondary data, and other relevant regulations as the basis for analysis. The sources of data used include primary data comprising the Quran, hadith, ijma', and qiyas, as well as Indonesian positive law regarding gratification, including Law No. 31 of 1999 on the Eradication of Corruption, which was amended to Law No. 20 of 2001 and other relevant laws. The results of the study show that in both Islamic law and positive law, gratification is interpreted as an act that undermines integrity, justice, and trust in public service. Gratification in Islam is regulated in several verses of the Quran, namely Surah An-Nisa’ Verses 29-30, Surah Al-Baqarah Verse 188, Surah Al-Maidah Verse 42, and Surah Al-Isra’ Verse 26, which refer to punishments for perpetrators of gratification based on the judge’s discretion and the threat of hell. Meanwhile, in positive law, gratification is defined more broadly and in detail, as covered in Law No. 20 of 2001 on the Eradication of Corruption, specifically in Article 12B, which states that perpetrators of gratification can be sentenced to a maximum of 20 years in prison and a fine of up to IDR 10,000,000,000 in accordance with clear judicial processes.