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All Journal Jurnal Asy-Syari'ah Jurnal IUS (Kajian Hukum dan Keadilan)
Endang Jumali
Universitas Suryakancana (UNSUR) Cianjur
Arts Humanities Law, Crime, Criminology & Criminal Justice Other

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PENERAPAN SANKSI PIDANA TA‘ZÎR BAGI PELAKU TINDAK PIDANA KORUPSI DI INDONESIA Endang Jumali
Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v16i2.631

Abstract

Corruption is a criminal act which is getting the attention of many people. So, it need to get attention from the perspective of Islamic Criminal Law, both conceptually and operationally. Therefore, this paper is not only describe the historical development of concepts and theories of Islamic criminal law relating to the criminal law of corruption, but also specifically explained about nazhariyyah al-ta‘zîr criticism in legal theory of Ta‘zîr to the Law 20 of 2001 on the Eradication of Corruption. The main purpose of this article is to provide an overview of the theoretical possibility of ta‘zîr sanctions for perpetrators of corruption in Indonesia through nazhariyyah al-ta‘zîr and its relevance to the Law Number 20 Year 2001 on Eradication of Corruption.
HIRÂBAH DAN HUBUNGANNYA DENGAN HUKUMAN TA‘ZÎR BAGI PELAKU KORUPSI DALAM HUKUM PIDANA ISLAM (Kajian Tafsir Ahkam Terhadap QS. al-Mâidah Ayat 33) Endang Jumali
Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i1.657

Abstract

In Islamic criminal law perspective, the corruption can be categorized as criminal acts refer­­red to hirâbah. Today the emerging discourse of the death pe­­nal­ty for coruptor as ever be discussed by NU and Muhammadiyah that are trying to resurrect its determination to fight cor­ruption in Indo­ne­sia. The problem is whether it is governed by Islamic law? This needs to be answered whe­ther there is a legal ba­sis for corruptor that to be given such a heavy sanction the death penal­ty? Based on this, the author intends to explain how the meaning hirâbah in QS. al-Maidah ver­se 33 and its rela­tionship with ta'zir penalties for perpetrators of corruption. The re­sultof this study can be concluded that corruption can be categorized as hirâbah. The most appropriate sanction needs to be be given to the hirâbah or corrupt stated in the QS. al-Maidah verse 33. The verse of hirâbah sanctions there are four kinds: a) killed; b) crucified; c) cut their hands and feet are crossed; and d) be removed to outside country. However, the classifica­tion of types of sanc­tions for corruption acts are committed by the offender, the scholars diffe­rent views in order with degree and level.
Cancellation Of The Hajj: Analysis Of Islamic Law, Regulations, History, Ta'limatul Hajj And Its Impact On The Social And Spiritual Aspects Of Society Endang Jumali
Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 3: December 2020 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v8i3.834

Abstract

The Covid-19 pandemic has had a tremendous impact not only on the economic aspect but also on the Hajj implementation cancellation in 2020. The purpose of this article is to analyze the cancellation of the Hajj from the perspective of analysis of Islamic law, regulations, history, talimatul Hajj, and its impact on the social and spiritual aspects of society. The method used in this article is a qualitative research method with a library research approach. This article concludes that two fundamental aspects of Islamic Law justify the decision to cancel the Hajj: first, from the element of maqashid al-sharia, namely the safety of the human soul as from protecting the soul (hifzh al-nafs), second from the aspect of fiqh, the requirements compulsory Hajj, namely being able (istitha'ah) in the course of the pilgrimage has not been fulfilled. From the regulatory element, in article 41 of Law Number 8 of 2019, the Minister of Religion is responsible for protecting pilgrims and pilgrim officers before, during, and after Hajj pilgrims and pilgrim officers carry out the pilgrimage. From a historical aspect, the expedition was canceled several times because of war and pandemic diseases. Then from the element of the talimul Hajj of Saudi Arabia, all the congregation can't do it because of the Covid-19 pandemic. In the social and spiritual aspects, the pilgrimage is a combination of soul, wealth and social. While performing the Hajj, someone is performing a soul-training ritual.
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