Confiscation of Assets Resulting from Corruption in Criminal Law and Islamic Law

DOI

10.2991/assehr.k.220407.073How to use a DOI?

Keywords

integration; of the concept of forfeiture; corruption

Abstract

Confiscation of assets resulting from corruption is a separate problem in eradicating corruption because the assets returned are less than the losses to the state. This study uses a normative approach with secondary data support. research results show that the integration of asset confiscation in criminal law and Islamic law can be explained as follows. The confiscation of assets in Indonesian criminal law is conceptually divided into 2 (two) namely (a) the concept of confiscation of assets through criminal charges against movable and immovable objects (b) the concept of confiscation of assets using a civil lawsuit by the Prosecutor against assets that have not been confiscated after a court decision, while in fiqh jinayah or Islamic criminal law asset seizure is qualified as one type of sanction from jarimah takzir, namely crime whose type of punishment is not described in the Qur’an and the Hadith of the Prophet Muhammad however to the judge in a fair manner and pays attention to the benefit of the people.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Ade Mahmud
AU  - Chepi Ali Firman Zakaria
AU  - Husni Syawali
AU  - Rizki Amarulloh
AU  - Weganisa Puspa
PY  - 2022
DA  - 2022/04/23
TI  - Confiscation of Assets Resulting from Corruption in Criminal Law and Islamic Law
BT  - Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021)
PB  - Atlantis Press
SP  - 362
EP  - 366
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220407.073
DO  - 10.2991/assehr.k.220407.073
ID  - Mahmud2022
ER  -