The Positions of Muhammadiyah and Nahdlatul Ulama on the Draft Asset Forfeiture Bill in Indonesia

Abstract

The preferences of Muhammadiyah and Nahdlatul Ulama in the Draft Law on Asset Confiscation in Indonesia demonstrate a shared vision in encouraging the strengthening of a just and welfare-oriented national legal system. Both organizations view the Asset Confiscation Bill as a strategic instrument in eradicating corruption as well as an effort to realize the values of maqāṣid shari'ah, particularly in the protection of religion, life, mind, descendants, and property. Furthermore, this support also reflects a commitment to the principles of good governance, particularly in the aspects of accountability, transparency, and asset recovery. This research is a library legal research with a normative-critical approach that is descriptive-analytical in nature. Data were obtained from primary legal materials in the form of fatwas, anti-corruption fiqh literature, and collaborative works by Muhammadiyah and Nahdlatul Ulama, and secondary legal materials in the form of books and other credible sources. The analysis was conducted normatively by examining the relationship between religious legal norms and state legal norms. The research results show that Muhammadiyah and Nahdlatul Ulama's preference for the Asset Confiscation Bill is based on the integration of religious and constitutional values. From an Islamic legal perspective, the bill is viewed as a legal necessity of aḍ - ḍarūriyyāt nature to realize public welfare and prevent evil. Meanwhile, from a state legal perspective, the bill reflects efforts to strengthen good governance and eradicate corruption systematically. Thus, the Asset Confiscation Bill has dual legitimacy, both in sharia and constitutional terms, so it needs to be immediately discussed and passed to support the realization of a state based on the rule of law free from corruption, collusion, and nepotism.