Enforcement of Islamic Criminal Law is a Concrete Solution to Eradicate Corruption

Abstrak

The persistence of systematic corruption in Indonesia reflects the failure of positive law to prevent extraordinary crimes. The 2023 ICW report recorded 791 cases with 1,695 suspects and potential state losses of Rp56 trillion, rising sharply from Rp8 trillion in 2022, with only Rp7.3 trillion recovered. In 2024, losses soared to Rp279.9 trillion, highlighting the worsening corruption and weak law enforcement. According to Baharuddin Ahmad, adopting Islamic criminal law as positive law is the best solution. This qualitative normative-juridical study analyzes corruption through Islamic law, classifying it as ghulul, risywah, ghasab, khianat, al-maks, al-ikhtilas, al-ghasy, and jarimah fasad. The findings conclude that corruption fits jarimah fasad under QS. al-Māidah:33, and that ta‘zīr sanctions ranging from dismissal to death penalty offer a concrete framework for eradicating corruption.