Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)

Social Sanction Versus Legal Sanction in Corruption Case

Authors
Mashudi
Corresponding Author
Mashudi
Available Online November 2017.
DOI
https://doi.org/10.2991/iclj-17.2018.18How to use a DOI?
Keywords
Social Sanction; Legal Sanction; Corruption.
Abstract
Corruption in Indonesia is still griping and increasingly apprehensive, both in central and local government, either alone or in groups. The predicate of the religious community does not guarantee those who live there to be free from corruption. There have been many examples of members of the community are caught as corruptors. The temptation to be rich quickly, easily and abundantly encouraged them to go against the law. Legal sanctions, although exacerbated, have not been able to erode corrupt practices in the country. That is why this article offers concept of reducing corrupt behavior through "dynamic" social sanctions in addition to legal sanctions. Social sanctions conducted by the Council of Ulama Indonesia, Nahdlatul Ulama and Muhammadiyah, as religion-based organizations, to combat corruption practices through the moral movement is considered effective and efficient. This article uses consilience method, comprehensive environmental policy, ethics and social sciences, Islamic balance (wasathiyah Islamiyah) and the purpose of enforcing Islamic law (maqashid al-syariah) as the basis of building arguments that there is strong influence of one's impulse to corruption and dominion of lust. With the foundation of thought (al-qaidah fikriyah, intelectual base), this study finds: first, the settlement of corruption cases through "dynamic" social sanctions is seen as effective. Second, the working of the law against corruption as a form of implementing living law. Third, the moral and cultural movement by labelling corruptors as unscrupulous is considered important. The fourth is building a network of "dynamic" social sanctions, social attitudes and social judgments.
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This is an open access article distributed under the CC BY-NC license.

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TY  - CONF
AU  - Mashudi
PY  - 2017/11
DA  - 2017/11
TI  - Social Sanction Versus Legal Sanction in Corruption Case
BT  - 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 80
EP  - 83
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.18
DO  - https://doi.org/10.2991/iclj-17.2018.18
ID  - Mashudi2017/11
ER  -