Gratification in the Perspective of Positive Law in Indonesia and the Solution According to Islam

A set of rules about gratification is a novelty within society and is perceived to collide with the cultural of giving in the islamic society in indonesia. this study is aimed to explore the meaning of gratification from the positive perspective of law in indonesia, and the boundaries of gratification, which is interdicted by the laws. this study used the normative method which analyzes the positive law in indonesia regulating the gratification. the result of this study shows that gratification in the positive law perspective has a wide meaning including each tribute for civil employee or governance. according to indonesia laws, gratification could be either positive or negative. gratification which is allowed by the laws is a gift with a pure tension of the giver to the civil employee or governance without expecting to achieve anything. in contrary, gratification which is not allowed by the laws is a gift for the civil employee or governance because of the position in that employment and unrelated with the duty or order. moreover, the solutions gave by islam toward the gratification are by giving proper salary, registering the property compulsorily for the employees, doing all the commands of allah and keeping away from taking at other’s disposal, running the “altaftisi” (the escord) for the civil servant and state apparatus, maximizing the punishment, maintaining the supremacy of law, amending and improving the system, strengthening the understanding of law, building a model of the leader, and cultural revolusion (morals/ mental).