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Gratifikasi dalam perspektif hukum positif di Indonesia dan solusinya menurut islam
Fazzan1, Abdul Karim Ali2.
A set of rules about gratification is a novelty within society and
is perceived to collide with the cultural of giving in the Islamic
society in Indonesia. This study is aimed to explore the meaning
of gratification from the positive perspective of law in Indonesia,
and the boundaries of gratification, which is interdicted by the
laws. This study used the normative method which analyzes the
positive law in Indonesia regulating the gratification. The result of
this study shows that gratification in the positive law perspective
has a wide meaning including each tribute for civil employee or
governance. According to Indonesia laws, gratification could
be either positive or negative. Gratification which is allowed by the laws is a gift with a pure tension of the giver to the civil
employee or governance without expecting to achieve anything.
In contrary, gratification which is not allowed by the laws is a gift
for the civil employee or governance because of the position in
that employment and unrelated with the duty or order. Moreover,
the solutions gave by Islam toward the gratification are by
giving proper salary, registering the property compulsorily for
the employees, doing all the commands of Allah and keeping
away from taking at other’s disposal, running the “altaftisi” (the
escord) for the Civil Servant and State Apparatus, maximizing
the punishment, maintaining the supremacy of law, amending and
improving the system, strengthening the understanding of law,
building a model of the leader, and cultural revolusion (morals/
mental).
Affiliation:
- University of Malaya, Malaysia
- University of Malaya, Malaysia
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