ACTS OF BRIBERY IN CORRUPTION CASES MAQOSHID SYARIAH PERSPECTIVE

Asliani Asliani

Abstract


Bribery is one of the special concerns that is quite big in influencing the occurrence of corruption. Bribery (risywah) is an act that is prohibited in Islam because it violates the principles of maqoshid sharia related to justice, protecting property and avoiding social damage. This action is detrimental to the bribery but also harms the public. Law No. 20 of 2001 concerning the Eradication of Corruption defines bribery as giving in a broad sense, which includes the provision of money, goods, rebates, discounts, commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment and other facilities. The purpose of the research is to: find out the form of bribery in corruption cases, as well as the views of maqoshid sharia. The tool used in data collection in this study is through document studies. The source of data is taken based on secondary data through primary, secondary and tertiary legal materials. The results of the research and discussion explain that bribery in corruption cases is active bribery or giving bribes to civil servants or state administrators, giving bribes to judges or advocates and giving gifts or promises to civil servants. Bribery is strictly prohibited in Islam because it is contrary to the basic principles of sharia and maqosyid al-sharia. This action obstructs justice, harms property, and undermines the integrity of the law.


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DOI: https://doi.org/10.3059/insis.v0i0.29415

DOI (PDF): https://doi.org/10.3059/insis.v0i0.29415.g14853

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