Pemberatan Sanksi Bagi Hakim Yang Melakukan Tindak Pidana Suap Perspektif Hukum Pidana Islam

Abstract

This study is motivated by the importance of judicial integrity as law enforcers, as well as the continued occurrence of bribery crimes involving judges, which has led to a decline in public trust in the judiciary. Although criminal law has established penalties for bribery, inconsistencies in their application are still evident in practice. This study aims to analyze the provisions regarding aggravated penalties for judges who commit bribery offenses under Indonesian criminal law and to examine these aggravated penalties from the perspective of Islamic criminal law. This study employs a normative juridical method using legislative, conceptual, case-based, and comparative approaches. Primary, secondary, and tertiary legal sources were analyzed qualitatively. The results of the study indicate that under Indonesian criminal law, judges who commit the criminal offense of bribery may face severe criminal sanctions for abusing the authority and position entrusted to them by the state. In addition to criminal sanctions, judges may also face ethical and administrative sanctions. However, the application of these sanctions has not been entirely consistent, resulting in a less-than-optimal deterrent effect. From the perspective of Islamic criminal law, bribery (risywah) is a prohibited act and falls under the category of jarimah ta’zir. The determination of the penalty is left to the authorities, taking into account the degree of fault and the public interest. Thus, the imposition of harsher penalties on judges who commit bribery is grounded in both Indonesian criminal law and Islamic criminal law, particularly due to the abuse of trust and office.