GRATIFIKASI DI MAHKAMAH KONSTITUSI DAN WACANA HUKUMAN MATI

Abstract

Gratification in The Constitutional Court and Discourse of Death Penalty. The gratification case done
by an ex-governor and an ex-judge of The Constitutional Court is very irony. As the last gate guard in low
enforcement, the Court which concerns in struggling justice has “fallen off” due to greasing the palm done by
the ex-chief judge. In view of Islamic perspective, the gratification crime belongs to jarîmah ta’zîr, a punishment
relates to the policy of local government. It does not belong to jarîmah qishâs or hudûd which the punishment
is determinated by the Qur’an and hadîts. Hence, there is discourse of death penalty for the gratification case
in The Constitutional Court in order to make wary effect. It is because one of the ta’zîr punishments is death
penalty that causes big hazard effect for all.