Journal Article
Published
CRITICISM ANALYSIS OF THE EFFECTIVENESS OF INDONESIA'S ECONOMIC CRIMINAL POLICY IN THE PERSPECTIVE OF ISLAMIC LAW
Abstract
Economic crime rates tend to be high and generate large losses every year, because one of
the biggest factors is the ineffective economic crime policy in providing deterrent and firmness to
the perpetrators. Economic crime policies play an important role in creating public welfare, if the
economic crime rate is high, it means that the welfare of the community has not been created
optimally, so there needs to be efforts to review and fix these criminal policies. This research aims
to determine the effectiveness of Indonesia's criminal policy in the perspective of Islamic law, as
well as to criticize the economic criminal policy in Indonesia. This research explores data sources
from various data on the facts of crimes that occur in Indonesia, which are then analyzed by
qualitative methods from the point of view of Islamic law. The results of this research show that
economic crime policies have not been effective in tackling economic crimes, because they do not
provide a deterrent effect for perpetrators of economic crimes. Whereas in Islam, the prevention of
economic crime is divided into two categories, namely jarimah hudud and jarimah ta'zir. Sanctions
applied in Islamic law are more of a deterrent effect, because sanctions for serious economic crimes
have been determined directly by Allah SWT, then economic criminal policies in Indonesia tend not
to achieve their essential goals, namely welfare and social protection for the community, this
happens because there are shortcomings in the three stages of implementing economic criminal
policies in Indonesia, namely the legislative stage, judicial stage, and executive stage. It is necessary
to make a new formulation in the economic criminal policy in Indonesia, namely by specifying the
sanctions that will be received by the perpetrators of criminal acts with the sanctions stated in
Islamic law, from the point of view of the deterrent effect and the consequences received by the
perpetrators.
Publication Details
JournalJCH (Jurnal Cendekia Hukum)
Volume8 (1)
Pagespp. 85-102
ISSN2355-4657
SubjectsK Law > K Law (General)
KeywordsIslamic Law; Economic Criminal Policy; Effectiveness; Criticism.
Item ID3156
Deposited21 Dec 2023 03:27