Corruption has been a crucial problems in Indonesia. Based on the survey ‘s results of the Political and Economic Risk Consultancy LTD. in 2018, the biggest corruption is in political aspect and it is commited by public holder. It should be given an exclusive attention by all sides, especially by goverment, both legislative institution and judicature institution for diminishing corruption act. One of ways to do is impose a serious punishment to corruptor such as retract their political right. Nowdays, the existence of it as additional punishment become a “hot” discussion and starting get a good interest. It is shown from the judge’s verdict that imposes corruptor with it. Both in Islamic criminal law or positive law, corruption is forbidden deed. However, there is no explanation about retraction of political right as punishment for corruption in Islamic criminal law. Then, how is formulation of retraction of the corruptor’s political right in the positive law and how is it in Islamic Law perspective?
The kind of this research is library research, by usingnormative method (doctrinal legal research), itis a study to analyze the law that is written in the book, as well as law decided by the judge through court proceedings.This research is also using statue and conceptual approach that isanalyze all regulation and some lawyers doctrine relating to the retraction of corruptor’s political right. Thesecondary resource as main data, main resource and tertiary resource as proponent data. Then analyzing data through the theory that is used.
Retraction of political right for corruption act regulated in the article 10, 35, 36, 38 and chapter XXVIII about malfeasance, article 437 of Indonesian criminal code, and in the article 17 and 18 of UU No. 31/1999 Jo.UU No. 2001 about corruption act in Indonesia.
In Islamic law perspective, retraction of the corruptor’s political rightsincludes into takzir ‘alal ma’ashipunishment, called al-hirman that is retracting some of the rights lifted by Islamic Law. It does not break human right. In the Islamic criminal law known an additional penalty concept called Al-‘Uqubah At-Taba’iyyah, But the concept of additional penalties in the positive law has a suitable with complementary penalties (Al-Uqubah At-Takmillah) concept. Both an additional penalties in the positive law or complementary penalties (Al-Uqubah At-Takmillah) require to be laid down in the verdict clearly when it imposed.