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Transcript of makalah korupsi
CHAPTER I
INTRODUCTION
A. BACKGROUND
Everyone knows corruption is a very despicable act. Corruptors are
very close to the image of a government official who took that is not their
right. There are some indications of corruption causes are income or salary is
insufficient, misuse the opportunity to enrich themselves, the abuse of power
to enrich themselves. Incomes or their wages which are insufficient, make
them misuse of opportunity and power to enrich themselves although in a way
that is called corruption. Against the corruption means support the institutions
to combat corruption and the corruptors who harm the state.
Acts of corruption lately published more intense on the TV as well as
in the newspaper. Corruption was done by the majority of senior government
officials who actually believed by the public to increase the welfare of the
people, instead detrimental to the country. It is of course very concerned for
the survival of the people, led by officials who are convicted of corruption.
B. PROBLEM
Based on the title “Sanctions to Corruptors in Islam”, will be discussed
about sanction to corruptors accordingly Islamic Syaria.
C. THE FORMULATION OF THE PROBLEM
By considering the background, obtained some formulation of the
problem as follows:
1. Is the sense of corruption?
2. Are the causes of the corruption?
3. How the legal sanctions to corruptors in Islam?
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D. THE PURPOSES OF THIS PAPERS
1. Submit the Religious Education assignments.
2. Knowing the causes of corruptions.
3. As supporter as help to combat corruption and the corruptors who harm
the state.
E. THE BENEFITS OF THIS PAPERS
1. Abstain from acts of corruption.
2. Gaining knowledge about the prevention of corruption.
3. Helping to eradicate corruption.
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CHAPTER II
DISCUSSION
A. DEFINITIONS OF CORRUPTION
In Encyclopedia of Indonesia, “corruption” is (from the Latin:
corruption bribery; corruptore damage) symptoms where officials, state
agencies abusing the authority with bribery, fraud and other irregularities. The
literal meaning of corruption can be:
a. Crime, decay, immoral, venal, depravity and dishonesty (S. Wojowasito –
W.J.S. Poerwardaminta, Dictionary English - Indonesian, Indonesian -
English, Publisher: Hasta, Bandung).
b. Bad acts such as embezzlement, receiving bribes, etc. (W.J.S.
Poerwardaminta, General Dictionary Indonesian, Publisher: Hall Book,
1976).1
Baharuddin Lopa quote from David M. Chalmers, describes the
meaning of corruption in various fields, namely those dealing with bribery,
dealing with economic manipulation, and related areas of public interest. This
conclusion is drawn from the definition proposed, among others, financial
manipulation and deliction injurious to the economy are often labeled corrupt.
Next he describes, the term is often applied also to misjudgements by officials
in the public economies. I was also said, disguised payment in the form of
gifts, legal fees, employment, favors to relatives, social influence, or any
relationship that sacrifices the public and welfare, with or without the implied
payment of money, is usually considered corrupt. He also outlines other forms
of corruption, termed political corruption is electoral corruption includes
purchase of vote with money, promises of office or special favors, coercion,
1 Evi Hartanti, Tindak Pidana Korupsi Edisi Kedua (Jakarta: Sinar Grafika, 2007), hal. 8.
6
intimidation, and interference with administrative of judicial decision, or
governmental appointment.2
B. HISTORY OF CORRUPTION
1) Period of Prophet Muhammad SAW
Explaining corruption in the beginning or at the time of the Prophet is very
difficult to conduct a search, the primary sources used are the Qur'an and
the Hadith of the Prophet. Therefore, the description of an emerging
attitude of corruption are only guesses based on sources with all initial and
mengkomparasikan comparison with other relevant sources such as books
and so forth. An event based on Surah Ali Imran verse 161 states that in
the battle of Uhud that took place in the 3rd H, the Prophet and the
Prophet's army fought and have a strategy to put troops archer on the hill
in the position behind the Messenger of other troops and the troops archers
were on duty to protect prophet's troops from attacks Mushrikeen troops
from behind. At first the victory Messenger troops, saw a victory archer
troops to leave his post to take the spoils of the enemy. However, it is
actually a boomerang which resulted in the defeat of the Prophet troops.
Of an event can be seen that the seeds of corruption have emerged since
the time of the Prophet. Corruption in these events is almost synonymous
with theft, but theft is different from corruption. Corruption more well-
organized with more publicly known several people (in the sense that they
were also involved), while theft is only done in secret and rely on fate to
hide from treatment.
2) Corruption In The Hindu-Buddhist
During the Hindu-Buddhist kingdom in the archipelago developed (read:
Indonesia) corruption is not known by the public at that time. The absence
of evidence of the existence of large-scale theft of the scope of the court
and so reinforce the culture of corruption that is not developed at this time.
With the practice of caste system in the Hindu society to make such a
2 Evi Hartanti, Tindak Pidana Korupsi Edisi Kedua (Jakarta: Sinar Grafika, 2007), hal. 9.
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negative culture of corruption was not possible due to a very heavy social
sanctions into the shadows for the future if the offender has been proven to
steal or corrupt. In the life of Buddha was only known the term "good and
bad" are making a restriction on a person's life, and as a rule in the lives
toward the good. So it was clear that human life during this very rigid
regularity of life.
3) Corruption In The Islamic Development
The culture of corruption in the development of the Islamic empire began
to come back. Here, due to the influence of the feudal system that makes
the king made a policy tribute imposed on society. Tribute is a concrete
manifestation of corruption by the rulers of the kingdom. However, not all
policies are made by the king. Another form of corruption is the other
similar activities, that by political marriage. With this political marriage of
the king could dominate other kingdoms subtly. Maybe that culture can
not be perceived by the people as a social transgression. Because they are
just people, led by the king, and the king in those days defined as guardian
Wali Allah or God. Contextually so people will obey the king's
commandment.
4) Period of Colonialism
This period is a time of adversity for the people of Indonesia, as well as
colonization of European nations and Asian nations (Japan) during a
period of deprivation of all rights of the nation. The culture of corruption
at this time it would be easier to develop, since the culture of feudalism
that developed during this time has become a major support in the
development of the seed of corruption. As we know an event during this
corruption which is a boomerang for the invaders is corruption committed
by employees of the VOC, which eventually led to the bankruptcy of the
VOC body that also affect the importation of the Netherlands, so that on
the date in 1796 and disbanded Heeren XVII replaced by a new committee
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and thereafter on January 1, 1800 the VOC was formally dissolved. VOC
destruction proves that the enormity of the impact of corruption itself to a
nation invaders though.
5) In the Era of Corruption Revolution and Reform
Charisma within the figure Ir. Sukarno as a mouthpiece of the people have
voiced that the Sukarno government is the best government. In this case
the period of revolution is the period of the construction of national
identity, so that it becomes impossible a concept of "corruption" shelter in
this period. However, along with the upheavals and political issues in
order of decreasing rule of Sukarno and Suharto, the New Order became a
concept of time is important how corruption impacts almighty occurred
during this period. May 1998 be a form of the turbulence of the people
would be an inconvenience to the growth of corruption committed by
rogue elements of government officials. After the start of improvement in
all fields so that the financial crisis as a result of corruption and the
declining value of the currency gradually disappear from the minds of the
nation. However, once again the term culture of corruption has become a
prayer which is granted by the Lord, so that corruption does indeed have
been entrenched in the minds of the Indonesian nation. Moreover, law
enforcement in Indonesia is not much reduce corrupt practices and even
more pumping and makes the actors vying to take people's money by way
of corruption.
C. THE VIEWS AND ATTITUDES OF ISLAM
Islam views and attitudes towards corruption is very firm: unlawful
and prohibited. Many arguments why corruption is strictly prohibited in Islam.
In addition to its in principle opposed to the social mission of Islam who want
to uphold social justice and welfare of the universe (iqâmat al-'wa al-
alijtimâ'iyyah is mashlahat al-' amma), corruption is also considered as an act
of betrayal of the mandate received and serious destruction towards building
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an accountable system. Therefore, both the Qur'an, al-Hadith and ijma 'al-'
Ulama showed unequivocally ban (sharih).
In Al - Qur'an, for example, stated: "And do not some of you take
some of the other treasures in you by way of vanity, and (do not) you take (the
affairs of) the treasure to the judge, that you may take a part of the property of
another is (how do) sin when you know. "In the Qur'an, Surat An-Nisa ': 29
verses that others have mentioned:
“Hi you who believe! you shall not eat each property other by way of vanity,
except by way of trade policies with agreement among you”
While the al-Hadith more concrete again, it was stated that the
Messenger of Allah said: "Allah has cursed the briber and the bribe recipients
in the legal process." In another editorial, stated: "Messenger of Allah has
cursed the briber, bribe receiving, and intermediaries from both." Later in the
different occasions, the Prophet SAW said: "briber and the bribe recipients go
to hell."
In history, both of the companions of the Prophet, generations later
(tabi'in), as well as the clergy period thereafter, all agreed without err on
prohibition of corruption, both for the briber, bribe recipient or intermediary.
Although there are slight differences in the criteria for the tendency approach
corruption resulting implications, but the basic principle of the law of
corruption is unlawful and prohibited.
D. SIN BRIBERY OR CORRUPTION IN ISLAMIC TEACHING
Bribery is a despicable act. The sense is to give money or items and
others to the authorities or the rank order pave the way to take something that
is not right. So people who bribe and are bribed both involved in the case of
taking something that is not right. Therefore, Allah forbids the believers take
other's property by means of bribing the authorities.
For that God has said in Al – Qur’an: "And do not some of you take
some of the other treasures of you by way of vanity, and (do not) you take (the
affairs of) the treasure to the judge, so that you can take some of the property
10
of another person with (the act) sin, but ye know." (Qur'an 2: 188). Clearly
this verse forbids us to lick or bribe the authorities with the aim of mastering
the property of others. Once we know that this is the wrong way and bathil,
then let us do it.
We argued that the clause was indeed coincides with the fact that our
nature now. Our society is experiencing a lot of cases that occur in it then
reported to the judiciary. This course provides an opportunity or opportunities
for people who take evil to control the wealth of others through bribes.
Because the judiciary is only seen in terms of honesty alone, and always in a
party that has the arguments and concrete evidence. For those who take evil,
can only use people who want to be bribed, to serve as witnesses or supporters
who stood at his side.
In this verse, which was mentioned only the rulers and not to mention
the other parties. This is of course because basically, it was done to them in
addition to the hazards they cause highly fatal.
Rasulullah SAW often condemned this act of bribery. There is a story
told by a friend of 'Abdullah ibn' Umar from the Prophet, he said:
والترمذى ( داود ابو رواه والمرتشى الراشى الله رسول لعن
"May Allah curse those who commit bribery and bribe" (Narrated by Abu
Dawood and Turmudzi).
In another narration narrated by Abu Hurayrah from the Prophet Muhammad,
he said:
ماجه ( وابن الترمذى رواه الحكم فى والمرتشى الراشى الله رسول لعن
"May God bring down laknatnya to people who bribe and are bribed in a case.
(Narrated by Ibn Majah and Turmudzi)"
Briber is the one who gives bribe and the fed is the person receiving
the bribe. Usually both exposed curse God when they aim to harm others or
seize property or something that is not right. If this is a bribe is to obtain its
own rights, or to defend themselves from injustice actions of others, then such
cases are the exception, and not get curse from God.
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And there is a history of condemning other people involved in the
bribery case, or more details, people who became the liaison between the
briber and the fed.
Islam prohibits bribes though in another form, particularly in the form
of gifts. To cope with this kind Rasulullah SAW said:
( فهو ( ذلك بعد اخذه فما راتبا منحناه اى رزقا فرزقناه عمل على استعملناه من
داود. ( ابو رواه غلول
"Whoever kutugaskan do the job, and the reward of his work, what he took
after his name ghulul (corruption) (Narrated by Abu Dawud)"
And there are some other history that explains this bribery case. Here
is the complete history of the hadith:
قدم فلما الصدقة على اللتيبة ابن له يقال األزد قبيلة من رجال النبي واشتعمل
, , أمه : بيت أو ابيه بيت جلسفي فهال النبي فقال لي اهدي وهذا لكم هذا قال
يوم , به جاء اال شيئا منه احد يأخذ ال بيده نفسي والذي ال أم له يهدى فينظر
البخارى رواه رقبته على يحمله (القيامة
"Prophet has assigned someone from the tribe Azd named Ibn Lutaibah
to collect zakat from the Muslims outcome. When the job was finished, he
came and said: "It is a charity collection for you, and that I received as a gift
from them". Hearing that the Prophet SAW said: "What if he remained sitting
in the house his father or his mother's house while waiting to see if he will be
rewarded or not? By the One who myself in his power, no one takes this kind
of gift, but tomorrow on the Day of Resurrection will be charged on the neck."
(Narrated by Bukhari).
E. ELIMINATE CORRUPTION ACCORDINGLY ISLAMIC SHARIA
Apparent that the handling of corruption is not to be comprehensive, as
indicated by the following Islamic law:
1. Payroll system viable. Government officials should work with the best. It
was tough going well when the salary is not sufficient. The bureaucrats are
still human beings who have needs as well as the obligation to provide for
the family. To be able to work in peace and not easily tempted to cheat,
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they should be given salaries and other benefits worth living. With regard
to subsistence government officials, Prophet in the hadith narrated by Abu
Dawud said, “Whoever is entrusted with a job in a state does not have a
house, the house will be provided, if not already married should be
married, if not have a maid servant he should take, if it does not have
animal mounts (vehicles) should be given. As anyone who takes more,
that's cheating.”
2. Prohibition of accepting bribes and gifts. Gifts and bribes to government
officials surely someone says something that forces that act in favor the
gift giver. About bribe Messenger said, "Allah curse the briber and the
recipient of a bribe" (Abu Dawud). About gifts to government officials,
the Apostle said, "The prize is given to rulers is suht (illegitimate) and
received bribes the judge is kufr" (Reported by Imam Ahmad). Bribes and
gifts will adversely affect the mental state actors. Officials did not work as
it should. In the field of justice, the law is enforced unfairly or tend to win
those who are able to give a gift or a bribe.
3. Calculation of wealth. After a stern and serious demeanor, counting their
possessions were allegedly involved in corruption is the next step.
According to his testimony, that Abdullah ibn Umar, the Caliph Umar had
calculated the regional head of property Sa'ad ibn Abi Waqash (See
Tarikhul Khulafa). His son was also not spared his father's breakthrough
hit. When Umar saw a camel obese children in the market belongs to, he
confiscated it. Why? Umar know, camel fat because her child was grazed
along the camels belonging Baitul Mal in the best pasture. When Umar
confiscated the wealth of Abu Bakrah half, the man argued "I do not work
for you". Caliph replied, "Yes, but your brother officers Baitul Mal and the
results lend Ubullah land you treasure the Baitul Mal for business capital"
(see Syahidul Aikral). In fact, Umar did not underestimate just despite
embezzlement camel saddle (see Kitab ul Amwal).
What do Umar is a good example of how wealth is computed officials,
especially those who are allegedly involved in corruption. The entire
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foundations, corporations, or money saved in banks at home and abroad
are all investigated. If you have made a special independent team to do so,
just as Muhammad son of Maslamah never given a special task by Umar
for it. Only after that, evidenced through the courts.
In the book Ahkamul Bayyinat, Sheikh Taqiyyuddin stated that proving it
could be a confession of the perpetrator, oaths, testimony, and written
documentation. Connection with this written documentation of Allah.
asserted in the Al - Qur'an, Hi you who believe, if you do good to God is
not in cash for the specified time, you ought to write. Let the author of you
write it correctly. Do not be reluctant writer to write as Allah has taught
him ... (Al - Baqarah verses [2]: 282). When examined, the actual writing
of this document is evidence of who is eligible and what is happening.
Because the word "then write (faktubuh) in the verse speaking, it covers
all the gods and charity for all documents including agreements,
government decisions made, and others.
In addition, the verification was done with a reversed burden of proof.
When all the evidence submitted is not accepted by the defendant, the
defendant must prove where the asset is acquired and must also show that
his property was not the result of corruption. It can be seen from the
example of Umar son of Khaththab. When Umar confiscated the wealth of
Abu Bakrah half, the man argued, 'I do not work for you. Caliph replied,
'Yes, but your brother officers Baitul Mal and the results lend Ubullah land
you treasure the Baitul Mal for business capital" After that, Abu Bakrah
can not prove that the accusation is false Umar. He can not show that his
property was not the result of nepotism. Finally, Umar was still in its
decision (see Syahidul Aikral). The way this is now known as the reversed
burden of proof is actually very effective in preventing cheating apparatus.
But strangely this way opposed to be included in legislation.
4. Exemplary leader. Caliph Umar himself seized a fat camel belonging son,
Abdullah son of Umar, because grazing caught together in the meadow
belong to Baitul Mal State. It is rated Umar as a form of abuse of state
14
facilities. In order to ensure that it did not smell it is not right, Caliph
Umar son of Abdul Aziz to his nose when musk oil share to the people.
With exemplary leader, follow deviation will easily detected early on.
Investigation and corruption investigation was not hard to do. But what if
instead of corruption made by the leaders? And any attempt to no avail.
5. Retribution. In normal conditions, people will be afraid to accept the risks
that would harm him. Punishment in Islam indeed serve as zawajir
(prevention). That is, with a proportionate punishment on criminals, it is
hoped people will think many times to commit the crime. In Islam,
corruption is not as common theft perpetrators cut his hand. Usurper,
criminals, and traitors are not subject to punishment of hand amputation
(Reported by Ahmad, Sunan Ashabus, and Ibn Hibban). However,
including jarimah (crime) to be exposed ta'zir. It could be a penalty tasyh'ir
(such as the self-proclamation of criminals - once paraded around the city,
can now through the TV). In this regard, Zaid son of Khalid al-Juhaini
narrated the Prophet had ordered his companions to prayed a colleague
who died in the battle of Hunain. They, the friends, of course surprised,
because it should not prayed a martyr. The Apostle explains, Your friend
has cheated in the way of Allah." When Zaid unload supplies deceased, he
found some gems ghanimah belongs to the Jews for almost 2 dirhams (see
al-Muwwatha). Or it could be up to imprisonment. According to
Abdurrahman al-Maliki in the book Nidzamul 'Uqubat fil Islam (page.
190), imprisonment criminals from 6 months to 5 years. However, it is still
considered the amount of money that corrupted. When it reaches a state of
economic harm, criminals can be sentenced to death.
6. Official family wealth acquired through abuse of power by the head of
bleached state (Caliph) of the new. How, head of state officials
accumulating wealth than the treasures long ago acquired formally
possible. If proven, and it turns out there is an increase that is not fair, as
did Omar, the head of state ordered to hand over all the power to those
who deserve it. When the property was known who its rightful owner, the
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asset-say-land returned to its owner. In the meantime, if it is not clear who
the rightful owner, the property was returned to the state treasury (Bait-ul-
Mal). However, when it is difficult to prove, as mentioned in the book
Tarikhul Khulafa, Caliph Umar bisect their property when there is excess
of the original amount, the other half is taken to be submitted to the Baitul
Mal and the other half was given to them.
7. Community supervision. Communities can play fertilize or eliminate
corruption. Instant minded people who will tend to take shortcuts in
dealing with the authorities did not hesitate to give bribes and gifts. The
noble people who will help oversee the running of the government and the
police refused to take her act to deviate. For the courage of the people
correcting apparatus, Caliph Umar in the beginning of his administration
stated, "When you see me deviate from the path of Islam, then straighten
me even with the sword." With public scrutiny, corruption becomes very
difficult. When coupled with exemplary leadership, punishment,
prohibition of bribery and gifts, as well as the salaries of proof sufficient
and, God willing, corruption can be solved completely.
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BAB III
CLOSING
A. CONCLUSION
Having regard to the content of the discussion above, it can be
concluded as follows:
1. In the context of the broader Islamic teachings, corruption is an act
contrary to the principles of justice (al-`adalah), accountability (al-
amanah), and responsibility. Corruption with all the negative impacts that
lead to various distortions of the life of the state and society can be
categorized include facade acts, mischief on the earth, which is also very
cursed Allah swt.
2. Eliminate corruption by the following islamic syaria:
2.1 Payroll system viable.
2.2 Prohibition of accepting bribes and gifts
2.3 Calculation of wealth.
2.4 Exemplary leader.
2.5 Retribution.
2.6 Official family wealth acquired through abuse of power.
2.7 Community supervision.
B. SUGGESTION
Islam has forbidden both shaped ghulul corruption and bribery.
Although there is no sanction in the form of nash qath'i regarding punishment
for corrupt, does not mean the absence of sanctions for corruption. The actors
were put through corruption can be punished in a ccordance with the level of
crime ta'zir. This is the importance of sharia calls to resolve all the problems
facing the country, including in combating corruption. Therefore, to save all
the people of Indonesia and the Law.
17
REFERENCE
Hartanti, E. (2007). Tindak Pidana Korupsi Edisi Kedua. Jakarta: Sinar Grafika.
http://ridhohistory.blogspot.com/2012/11/korupsi-dalam-perspektif-sejarah-
kultur.html/ diakses pada 20/12/2012
http://www.fahmina.or.id/artikel-a-berita/mutiara-arsip/630-korupsi-pandangan-
dan-sikap-islam.html / diakses pada 20/12/2012
http://puputwiji-astuti.blogspot.com/2012/11/dosa-korupsi.html/ diakses pada
20/12/2012
http://wawan-indonesia.blogspot.com/ diakses pada 20/12/2012
http://hizbut-tahrir.or.id/2011/12/06/syariat-islam-dalam-pemberantasan-korupsi-
2/ diakses pada 22/12/2012
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