Does the Statute of Limits Protect Corruptors? A Critique of Islamic Law on the Time Limit for Prosecuting Corruption Crimes

Abstract

Corruption in Indonesia remains a persistent and systemic problem that undermines state finances, weakens public trust, and challenges the effectiveness of law enforcement. One of the critical issues in the prosecution of corruption cases is the application of the statute of limitations (verjaring), which potentially limits the state’s authority to prosecute offenders after a certain period. This study aims to analyze the concept of the statute of limitations in corruption cases within the framework of Indonesian positive law and to critically examine it from the perspective of Islamic law, particularly in relation to the principle of divine justice. This research employs a normative legal method, utilizing statutory, case, and conceptual approaches. The study is based on secondary data, including primary legal materials such as the Indonesian Criminal Code, the Anti-Corruption Law, and international instruments, as well as Islamic legal sources, including the Qur’an, Hadith, and fiqh jinayah. The analysis is conducted qualitatively through descriptive-analytical and prescriptive methods. The findings indicate that the application of the statute of limitations in corruption cases creates significant legal and practical challenges. It may result in the loss of the state’s right to prosecute and recover financial losses, reduce the deterrent effect, and weaken public confidence in the legal system. From the perspective of Islamic law, the concept of statute of limitations is fundamentally incompatible, particularly in matters involving human rights (huquq al-‘ibad), where accountability cannot be extinguished merely by the passage of time. Islamic law emphasizes substantive justice, restitution, and continuous accountability, both in worldly and spiritual dimensions. This study proposes a reconstruction of the statute of limitations based on the principle of divine justice, including the extension or elimination of limitation periods for corruption cases, the application of the discovery rule, and the prioritization of state loss recovery. The integration of Islamic legal values into the national legal system is expected to strengthen a more just, effective, and morally grounded approach to combating corruption in Indonesia.