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MH
According Makhrus Munajat, what makes an act regarded as a crime is none other than
because the act is very detrimental to social order, or the beliefs or property, reputation,
honor, spirit and so forth, all of which according to Islamic rules 'shall be maintained and
respected and protected. A sanctions applied to violators of Personality 'to the end that
someone is not easy to do jarimah. Corruption is the act which is detrimental both to the
individual, society and state. Even the impact of behavior is so widespread corruption against
public morality (al morals al karimah), the life of nation and state. Therefore, proper if
corruption in the positive law is included as 'extraordinary crime', an extraordinary crime.
After mentioning the division jinayah and jarimah in Islamic law authors then tracked the
goals punishment in Islam is to safeguard human rights of five, soul, religion, intellect, wealth
and offspring.
To support this theory the authors use a normative approach by looking for the norms of
Islamic law in the form of text of the Qur'an and Prophetic traditions relating to corruption
and the eradication.
The method I use in this research is to do with the construction of thought based on the
general concept of eradication of corruption and then memformulasikannya in the form of
conclusions that are special, namely partial and casuistic and the eradication of corruption
cases in Indonesia. The next step is to analyze the data collected, namely:
1. Analyzing the data on corruption eradication in Indonesia and raised as a basis for drawing
conclusions.
2. Analyzing a set of Islamic law postulates that the bias ascribed to the corruption and then
contextualized with cases of corruption in Indonesia. By haris.
Understanding Corruption and Anticorruption.
Talking about corruption is not a new problem in Indonesia, because it has existed since the
1950s. Even the various groups considered that corruption has become part of life, into a
system and integrated with state governance. Combating corruption in that era as well as by
using the existing legislation still failed.
Such circumstances would undermine democracy as the major joints in the life of nation and
state, crippling the values of justice and legal certainty as well as increasingly distant from the
goal to achieve prosperous society. By looking at the background of the emergence of
corruption, one factor that causes increased activity of corruption in some countries due to the
systemic political change, so do not just weaken or destroy the social and political institutions,
but also legal institutions.
Corruption term comes from the Latin word "corruptio" or "corruptus" which means the
damage or dilapidation, or dishonest act that is associated with finance. Some are of the
opinion that the terms of the term "corruption" comes from the word "corrupteia" which in
Latin means "bribery" or "Seduction", then that means "corruptio" in Latin is "corrupter" or
"seducer". "Bribery" can be interpreted as giving it to someone for such a person do to benefit
the giver. While the "Seduction" means something that is interesting for someone to go off. In
Black's Law Dictionary, corruption is an act committed with intent to deliver a benefit that is
not authorized by the rights of other parties are wrong to use his position or his character to
gain an advantage for himself or others, contrary to its obligations and rights from other
parties.
Another opinion expressed Sheikh Hussein Alatas, in his book "The Sociology of Corruption"
express the sense of corruption by saying the thread that stitch on the activities of corruption,
which is subordinated to public interests under the interests of personal goals that include
violations of the norms, duties, and welfare general, coupled with confidentiality, treason,
fraud and exceptional kemasabodohan will result suffered by the community. According to
him, "corruption is the abuse of trust in the interest of private gain" that is penyelahgunaan
trust for personal gain.
Furthermore Hussein Alatas, said the type of corruption in practice include the following
characteristics:
1. Corruption always involves more than one person.
2. Corruption is usually done full confidentiality.
3. Corruption involves the element of obligation and mutual benefit.
4. Corruption with bebagai kinds reasonable shelter behind the legal justification.
5. Those involved in corruption are seeking tough decisions and they are able to influence
decisions.
6. Contain fraudulent acts of corruption both in public agencies or the public.
7. Every form of corruption is a betrayal of trust.
8. Every form of corruption involves the contradictory dual functions of those who commit it.
9. An act of corruption violates the norms of the duties and responsibilities in society
In the provisions of Law No. 31 of 1999 jo Act. 20 of 2001 on Eradication of Corruption can
not find the notion of corruption. However, taking into account the category of corruption as a
formal offense, then Article 2 and Article 3 of Law No. Shrimp. 31 of 1999 set firmly on the
elements of criminal corruption in question. Article 2 of Law No. Shrimp. 31 of 1999, states
as follows: "Any person who acts unlawfully enrich themselves or others or a corporation that
could harm the state or country perekonoman ..." Furthermore, in Article 3 of Law No.
Shrimp. 31 of 1999, states: "Any person who with the intention of enriching himself or
another person or a corporation, abuse of authority, opportunity or means available to it
because of the position or positions that could harm the state finance or economy of the
country ..."
Juridical definition above is a formal limit set by the agency or agencies that have formal
authority to do so in a country. Therefore, the limits of corruption is very difficult to achieve
and depends on the habit as well as domestic laws of a country.
Corruption was first considered as a crime in Indonesia in terms of Act No. 24 Prp. 1960 on
Investigation, Prosecution, Corruption and Crime Investigation. In reality this law is not
capable of performing their duties so that repealed and replaced by Law No. 3 year 1971 on
Eradication of Corruption, and last from August 16, 1999 was replaced by Law No. 31 of
1999 as amended and supplemented by Law no. 20 of 2001 on Eradication of Corruption.
The purpose of the government and lawmakers to revise or replace the product of legislation
is an effort to encourage the competent institution in combating corruption, in order to reach
the various modus operandi of corruption and minimize legal loopholes, which can be used as
an excuse to be able to break away from entrapment law.
In juridical terms, the Act No. 31 of 1999 as amended and supplemented by Law no. 20 of
2001 on Eradication of Corruption, provide restrictions on the definition of the Crime of
Corruption with broader coverage that includes a variety of acts including the act of "bribery",
which can be understood from the sound-article article text, and then groups them into several
formulations offense. By understanding it is expected that any legal action in order
pemberantaan corruption will be realized, either in the form of prevention (preventive) or
action (repressive). Combating corruption is not only a deterrent effect for the offender, but
also serves as a deterrent power.
This paper will discuss about the rights of citizens as stipulated in the Penal Code. This paper
will focus on the protection of the rights of citizens involved in criminal incidents, either as a
suspect, accused, convicted and also protection of the rights of witnesses or victims of crime.
Besides, this paper will cite the rights of countries that are undergoing criminal proceedings
governed by the Act other than the Criminal Code that are relevant, such as Law No. 4 of
2004 on Judicial Power, Law No. 18 of 2003 on Advocates and other laws.
The above provisions make it clear that the state guarantees the protection of the rights of
citizens without any exception .. Criminal Procedure Code as a guide to the National Criminal
regulator, must be based on the philosophy / philosophy of life of the nation and the basic
state, it is necessary for the provision of material in the article or paragraph is reflected in the
protection of human rights and civic duties. The principle governing the protection of the
dignity and nobleness of human dignity has been placed in the Law number 14 year 1970 on
Basic Provisions on Judicial Power has dibuah into Law No. 4 of 2004 on judicial authority,
must be enforced by the Penal Code.
This paper will discuss about the rights of citizens as stipulated in the Penal Code. This paper
will focus on the protection of the rights of citizens involved in criminal incidents, either as a
suspect, accused, convicted and also protection of the rights of witnesses or victims of crime.
Besides, this paper will cite the rights of countries that are undergoing criminal proceedings
governed by the Act other than the Criminal Code that are relevant, such as Law No. 4 of
2004 on Judicial Power, Law No. 18 of 2003 on Advocates and other laws.
If the suspect or defendant in the criminal justice process subject to detention, then he is
entitled to contact his legal counsel (Criminal Code Article 57 paragraph (1) Criminal Code).
In addition, under the provisions of article 37 of Law No. 4 of 2004 on Judicial Power, every
person who lodged the case entitled to legal aid. Legal assistance in this article are given by a
lawyer or is currently better known as "advocates". And according to the provisions of article
38 of Law No. 4 of 2004 on Judicial Power, a suspect since the time of the arrest and / or
detention has the right contact and ask for help advocate.
Arrest
Definition of arrest under section 1 point 20 Criminal Code is "an act of investigating a
temporary restraining freedom of the suspect or the accused if there is sufficient evidence for
purposes of investigation or prosecution and / or the judiciary.
Duration of arrest is only valid for a maximum period of 1 day (24 hours). Prior to conducting
an arrest by the police then there is the requirement of material and formal requirements that
must be met first. What is meant by the terms of material is the presence of a sufficient
evidence of the beginning that there is a crime. While the formal requirements is a letter of
assignment, the arrest warrant and a copy. If in time more than 1 x 24 hours, the suspect still
checked and there is no warrant to make an arrest, the suspect is entitled to immediate
disposal.
Warrant of arrest under the provisions of article 17 of Criminal Code committed against a
person who allegedly committed the crime based on sufficient evidence of the beginning.
Based on the explanation of Article 17 of the Criminal Code, definition of "the earliest
evidence sufficient" evidence is beginning to suspect a criminal act in accordance with the
provisions of Article 1 point. This article shows that poaching command can not be done
arbitrarily, but to those who correct- really committed the crime.
Besides, there are other opinions about the "beginning of sufficient evidence", which
according to Darwin Prints, SH, in his book Criminal Procedure Code in practice, Publisher
Djambatan and the Indonesian Legal Aid Foundation, mold revision 2002, pages 50-51, the
earliest evidence enough is:
Investigators are:
• RI State Police officials are at least the rank of inspector Two (Ipda).
• Officials civil servants who were given special powers Act, which at least the rank of
manager Youth Level I (Group II / b or equivalent to it).
Citizens who alleged criminal suspects in the incident entitled to see and request a letter of
assignment and the arrest warrant against him. This was as the provisions of Article 18
paragraph (1) of the Criminal Procedure states:
When carried out the arrest of the suspect, the suspect has the right free from any act of
torture or intimidation of any kind from the authorities who arrested him.
Family suspects are entitled to receive copies of the arrest warrant referred to in Article 2
paragraph (1) Criminal Code, immediately after the arrest of the suspect made.
Detention
Definition of Detention as the provisions of Article 1 point (21) Code of Criminal Procedure
is the placement of a particular suspect or defendant in place by the investigator or prosecutor
or judge with a stipulation, in the case and in a manner governed by this Law. In principle, the
detention is a restriction on freedom of movement a person who is a violation of human rights
should be respected and protected by the state.
However, the detention of the suspect / accused by the competent authority is limited by the
rights of suspects / accused and regulations that must be carried out limitedly in accordance
with the provisions of the Code of Criminal Procedure.
The parties are authorized to make arrests in various levels of inspection, as the provisions of
article 20 of the Criminal Code include:
1. For the purposes of investigation, the authorities make an arrest is an investigator;
2. For the purposes of prosecution, which authorized the public prosecutor;
3. For the purposes of the examination Court trial, which is authorized to hold is the Judge.
For it required the existence of sufficient evidence, in the form of police reports and two
other evidence, such as: Suspect Interrogation / Witness, Minutes of occurrence of events
in place, or any evidence.
2. Terms Objective. Named objective terms because these terms can be tested there or not by
others. This objective requirement stipulated in Article 21 paragraph (4) Criminal Code,
namely:
a. The offense is punishable by imprisonment of five years or more;
b. Crime that the threat of punishment is less than five years, but is determined in:
• Book of Criminal Law (Penal Code), namely: Article 282 paragraph (3), Article 296,
Article 335 paragraph (1), Article 351 paragraph (1), Article 353 paragraph (1).
Article 372, Article 378, Article 379a, Article 453, Article 454, Article 455, Article
459, Article 480, Article 506;
• Violations of the Ordinance of Customs and Excise;
• Articles 1, 2 and 4 of Law No. 8 DRT Year 1955 (the Crime of Immigration), among
others: do not have valid immigration documents, or the person providing
accommodation or assistance to foreigners who do not have valid immigration
documents;
• Crime in Law No.9 of 1976 on Narcotics.
From the description of these two conditions are the most important is an objective
requirement for the detention can only be done if the conditions specified in Article 21
paragraph (4) Code of Criminal Procedure were met. While the requirements contained in
Article 21 paragraph (1) is usually used to strengthen the requirements contained in Article 21
paragraph (4) and in these things as reasons why the extension of detention of suspects
charged or remained in detention until the detention is over.
In implementing the detention of the suspect / defendant, then the authorities detained shall be
equipped with detention warrant from investigators, detention warrant from the prosecutor or
the determination letter from the judge who ordered the arrests.
The suspect or the accused are entitled to a detention or arrest warrant which contains the
identity of the suspect continued / Defendant, Reasons Detention, A Brief Description of the
case dipersangkakan crime or being prosecuted, and the place where the suspect / accused was
arrested. Copies of Detention or Imprisonment Order or Stipulation Continued Judge, it
should be given to the family of the suspect / defendant.
The types of detention provided for in Article 22 paragraph (1) Procedure Code is a State
Prison Detention, Detention Houses and City Detention. Detention home was conducted in a
dwelling house or residence of the suspect or defendant to conduct surveillance against him to
avoid anything that may cause difficulty in the investigation, prosecution or examination
before the court.
Meanwhile, the city held at the city Detention residence or place of residence of the suspect or
defendant, with the obligation to report suspect or defendant diripada the specified time.
Exclusion of the period of detention as stipulated in Article 24, 25, 26, 27, 28 Code of
Criminal Procedure, for the purpose of examination, the detention of the suspect / defendant
can be extended for reasons that deserve and can not be avoided because:
• The suspect or the accused suffering from physical or mental harm, as evidenced by
medical certificate, or
• The case under review the prescribed penalty of 9 years or more (Article 29 paragraph (1)
Criminal Code).
by Syamsul Bahri Radjam, SH
============
Assumptions: By Timur Abhimanyu, SH.MH.
For example, the case is Corruption Taxes Gaius, is still in the trial process, where Gaius is at
home police custody, with wishes to get out of house arrest with a reward to the individual
police officers with an invaluable amount of money amount. This proves that the Criminal
Law in the State of Indonesia is very weak and does not create a deterrent ....!!! Is it necessary
to establish a law to sanction Corruption Death Penalty or Life sentence for perpetrators of
these criminal acts of corruption?
Referency :
http://www.yahoo.com
http://www.SHVOONG.com
http://www.LBHBandaAceh.com
http://www.witness-pioneer.org
http://www.malaysiachronicle.com
http://www.Antara.com
http://www.AllianzGlobalInvestors.com
http://www.AfghanVoice.com
http://www.blogekonomisyariah.com
http://www.pesantrenvirtual.com
http://www.hukumonline.com
http://www.mediaindonesia.com.
http://www.CNNMoney.com
http://www.google.com
http://www.washingtonpost.com
http://www.InfoMediaIlmiah.com
END NOTES
Minxin Pei, "Constructing the Political Foundations of an Economic Miracle", H. S. Rowen
(ed.)Behind East Asian Growth: The Political and Social Foundations of
Prosperity (London: Routledge, 1998), pp. 39-60.
David Martin Jones, Political Development in Pacific Asia (London: Polity Press, 1977),
pp. 5-57.
Refer to the essays in Robert S. Ross (ed.), East Asia in Transition: Toward a New
Regional Order (Boston; M.E. Sharpe, 1995).
See Mike M. Mochizuki, "Japan as an Asia-Pacific Power,", pp. 124-159, and Donald S.
Zagoria, "The United States and the Asia-Pacific Region in the Post-Cold War Era," pp.
160-182, in Robert S. Ross (ed.) East Asian In Transition.
See the essays by James H. Raphael and Thomas P. Rohlen, "How Many Models of
Japanese Growth Do WebWant or Need," pp. 265-296; and Yutaka Kosai and Fumihide
Takeuchi, "Japan’s Influence on the East Asian Economies," pp. 297-318 in Behind East
Asian Growth.
Muhammad Nejatullah Siddiqi, "Muslim Economic Thinking: A Survey of Contemporary
Literature," in Khurshid Ahmad (ed.) Studies in Islamic Economics (Liecester: Islamic
foundation, 1980), p. 196.
M. A. Muqtedar Khan, "The Philosophical Foundations of Islamic Political
Economy", American Journal of Islamic Social Sciences, 13, 3 (Fall 199), pp. 389-400.
Henry S. Rowen, "The Political and Social Foundationsof the Rise of East Asia: An
Overview", in H. S. Rowen (ed.) Behind East Asian Growth, p. 7.
John Esposito and John Voll, Islam and Democracy (Oxford University Press, 1996), p. 27.
Henry L. Root, "Distinctive Institutions in the Rise of Industrial Asia", in Rowen
(ed.) Behind East Asian Growth, pp. 60-75. Minxin Pei, "Constructing the Political
Foundations of an Economic Miracle", H. S. Rowen (ed.) Behind East Asian Growth, pp.
39-60.
David Jones, Political Development in Pacific Asia, pp. 55-57.
Henry L. Root, "Distinctive Institutions in the Rise of Industrial Asia", in Rowen
(ed.) Behind East Asian Growth, pp. 60-75.
Rowen, "An Overview", p. 18.
M. Umer Chapra, Islam and the Economic Challenge (London and Virginia: Islamic
Foundation and the International Institute of Islamic Thought, 1995). M. A.
Mannan, Economic Development and Social Peace in Islam (London: TaHa Publishers,
1989).
M. Umer Chapra, Islam and the Economic Challenge, p. 212.