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

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.