From Constitutional Jihad to Legislative Compromise: An Islamic Legal Paradigm in Indonesia’s Post-Reform Anti-Corruption Movement

Abstract

This research analyzes the paradigm shift of Islamic law within the anti-corruption discourse and movement in Indonesia, from the 1998 Reformasi era to the contemporary legislative landscape. In the early Reformasi period, corruption was framed not merely as a legal crime but as a national moral crisis that gained strong theological legitimacy from Islamic civil society organizations (CSOs). The fight against corruption was perceived as a "constitutional jihad" based on fiqh jinayah (Islamic criminal law) concepts such as the prohibition of risywah (bribery) and ghulul (breach of public trust). This spirit was institutionalized through the establishment of the Corruption Eradication Commission (KPK) via Law No. 30 of 2002, whose institutional design reflected Islamic values of justice and accountability. However, this study argues that a fundamental shift has occurred. The turning point was the revision of the KPK Law through Law No. 19 of 2019, which marked a sharp divergence between the anti-corruption aspirations of Islamic civil society and the political pragmatism of the elite, including those from Islam-based political parties. This shift was consolidated by the enactment of Law No. 11 of 2020 on Job Creation, which demonstrated the subordination of the anti-corruption agenda to the priority of economic investment. Using a socio-legal and historical research method, this study demonstrates that the paradigm of Islamic law has shifted from an external moral-critical force to an internal component of political compromise. Key concepts such as ta'zir (discretionary punishment) and maslahah (public interest), which once formed the foundation for eradicating corruption, have now become contested arenas vulnerable to instrumentalization to legitimize policies that weaken the rule of law.