CONTEXTUALIZATION OF LIMIT THEORY IN PUNISHMENT FOR PERPETRATOR CORRUPTION IN INDONESIA

Abstract

The enforcement of punishment for corruption offenders in Indonesia continues to face various challenges. Therefore, this study offers Muhammad Shahrur’s theory of limits as an alternative perspective for addressing these issues. This research aims to explain the relevance of the theory of limits in the enforcement of punishment for corruptors in Indonesia. The method employed is descriptive normative research with a hermeneutic approach to Muhammad Shahrur’s thought. The findings indicate that, according to Shahrur, Qur’anic verses concerning punishment provide both maximum (had al-a‘la) and minimum (had al-adna) limits. The maximum punishment may take the form of severe sanctions, such as the death penalty, while the minimum punishment is adjusted to the legal provisions of a particular country or may even involve forgiveness. In the Indonesian context, legal regulations already stipulate severe sanctions for corruption offenders, including imprisonment, fines, and the death penalty under certain conditions. This framework is consistent with Shahrur’s theory of limits; however, its implementation requires a moral approach to ensure that punishment is enforced fairly and effectively.