makalah korupsi


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makalah korupsi

  1. 1. CHAPTER I INTRODUCTIONA. 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? 4
  2. 2. 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. 5
  3. 3. CHAPTER II DISCUSSIONA. 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
  4. 4. intimidation, and interference with administrative of judicial decision, or governmental appointment.2B. 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 Quran 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 Prophets 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 prophets 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.2 Evi Hartanti, Tindak Pidana Korupsi Edisi Kedua (Jakarta: Sinar Grafika, 2007), hal. 9. 7
  5. 5. With the practice of caste system in the Hindu society to make such a 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 persons 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 kings 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 8
  6. 6. the date in 1796 and disbanded Heeren XVII replaced by a new committee 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 peoples 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- alijtimâiyyah is mashlahat al- amma), corruption is also considered as an act 9
  7. 7. of betrayal of the mandate received and serious destruction towards building an accountable system. Therefore, both the Quran, al-Hadith and ijma al- Ulama showed unequivocally ban (sharih). In Al - Quran, 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 Quran, 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 (tabiin), 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 others 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 10
  8. 8. affairs of) the treasure to the judge, so that you can take some of the propertyof another person with (the act) sin, but ye know." (Quran 2: 188). Clearlythis verse forbids us to lick or bribe the authorities with the aim of masteringthe 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 ournature now. Our society is experiencing a lot of cases that occur in it thenreported to the judiciary. This course provides an opportunity or opportunitiesfor 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 aparty 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 supporterswho stood at his side. In this verse, which was mentioned only the rulers and not to mentionthe other parties. This is of course because basically, it was done to them inaddition to the hazards they cause highly fatal. Rasulullah SAW often condemned this act of bribery. There is a storytold by a friend of Abdullah ibn Umar from the Prophet, he said: ٍ‫ن عن س سٌل اهلل ان شا شَ ًان ًشت شَ (سًاه اب ٌ داًد ًان تشيز‬"May Allah curse those who commit bribery and bribe" (Narrated by AbuDawood and Turmudzi).In another narration narrated by Abu Hurayrah from the Prophet Muhammad,he said: ‫ن عن س سٌل اهلل ان شا شَ ًان ًشت شَ ف َ ان ح كى (سًاه ان تشيزٍ ًاب ن يبجو‬"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 receivingthe bribe. Usually both exposed curse God when they aim to harm others orseize property or something that is not right. If this is a bribe is to obtain itsown rights, or to defend themselves from injustice actions of others, then suchcases are the exception, and not get curse from God. 11
  9. 9. 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: ٌ‫ين ا س ت عً ه نبه ع هَ عًم ف شصق نبه سصق ب (اٍ ي نح نبه سات بب) ف ًب اخزه ب عذ رن ك ف ي‬ ‫غ هٌل. (سًاه اب ٌ داًد‬ "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: ‫ًا ش ت عًم ان ن بِ سج ال ين ق ب ْ هة األصد ّ قبل نو اب ن ان ه ت ْ بة ع هَ ان صذق ة ف هًب‬ ‫ن كى ًىزا اىذُ ن ِ, ف قبل ان ن بِ, ف ي ال ج هس ف ِ ب ْت اب ْو أً ب ْت أيو ق ذو ق بل : ىزا‬ ‫ف ْ نظش ّ يذٍ نو أو ال , ًان زُ ن ف سِ ب ْذه ال ّ أخز احذ ي نو ش ْ ئب اال جبء ب و ّ ٌو‬ )ٍ‫ان ق ْبية ّ حًه و ع هَ سق ب تو سًاه ان بخبس‬ "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 mothers 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, 12
  10. 10. 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, thats 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 Saad ibn Abi Waqash (See Tarikhul Khulafa). His son was also not spared his fathers 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 13
  11. 11. 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 - Quran, 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
  12. 12. 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 tazir. It could be a penalty tasyhir (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 15
  13. 13. 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. 16
  14. 14. BAB III CLOSINGA. 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 qathi 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 tazir. 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
  15. 15. REFERENCEHartanti, E. (2007). Tindak Pidana Korupsi Edisi Kedua. Jakarta: Sinar Grafika. kultur.html/ diakses pada 20/12/2012 dan-sikap-islam.html / diakses pada 20/12/2012 diakses pada 20/12/2012 diakses pada 20/12/2012 2/ diakses pada 22/12/2012 18