Analysis of the Termination of Prosecution Against Suspect “N” in a Corruption Case According to Positive Law and Islamic Criminal Law

Abstract

The termination of prosecution in corruption cases is an important issue to examine, especially from the perspective of positive law and Islamic criminal law. This study focuses on the termination of prosecution against Suspect N, who is suspected of participating in the corruption of APBDes funds, and reviews its conformity with applicable legal principles. This study uses an empirical qualitative method with data collection techniques through interviews, surveys, and field observations, supported by a literature review of laws, academic literature, and other relevant documents. The approach used is non-doctrinal, focusing on the analysis of legal subjects and objects directly. The results of the study show that the termination of prosecution against Suspect N was carried out through the mechanism of deponering as stipulated in Article 35 paragraph (1) letter c of Law Number 11 of 2021 concerning the Attorney General's Office, on the grounds of public interest. However, when viewed from the perspective of Islamic criminal law, the termination of prosecution can only be justified if it is accompanied by the restitution of state losses (istirdad) and sincere repentance, which in this case are considered not to have been fully fulfilled. Thus, although there is a common ground between positive law and Islamic criminal law in terms of termination of prosecution, particularly in the aspect of restorative justice, the author argues that the application of deponering to Suspect N is not in line with the principles of justice and legal certainty.