Author:
Riswan Erfa
Affiliation:
Doctor of Law Program, Brawijaya University, MT Haryono Street, Malang, East Java, Indonesia, Indonesia
Keyword(s):
Corruption, Abuse of Competence, Abuse of Authority, Legal Politics
Abstract:
The Law Number 31 of 1999 concerning Corruption Eradication in conjunction with Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of Corruption in Article 3 formulates that Corruption Eradication is relating to abuse of authority. The definition of an element of abuse of authority in that Article is not contained in the explanation chapter. The meaning of the element of abuse of authority actually refers to the concept of abuse of competence in the realm of administrative law. After the promulgation of Law Number 30 the Year 2014 concerning Government Administration, there are provisions which regulate the abuse of competence which causes state financial losses. The perspective of corruption has also changed; the abuse of competence which is detrimental to the country's finances, is sufficiently resolved at the administrative stage. While the provisions in the Law on the Corruption Eradication, there are provisions that formulate restitution o
f state financial losses due to criminal acts of abuse of authority which do not eliminate the imprisonment of perpetrators. The difference concept between the abuse of competence and abuse of authority as well as changing the perspectives on the regulation of criminal law of corruption that intersects with the abuse of authority can be seen and examined from the political law perspective in Indonesia. It is aimed to see the direction of legal policy in Indonesia. There are at least three things that can be explained from the political law perspective in Indonesia. First, the regulation related to the abuse of competence regulated in the provisions of laws and regulations concerning government administration is considered not in line with the regulation of abuse of authority in corruption law. Second, it is necessary to establish regulation on the abuse of authority in criminal law which does not only have a good effect on the enforcement of suspected corruption but also have a good effect on the prevention of corruption through government administrative arrangements. Third, it is necessary to present regulations regarding the misuse of competence in the administration of the government law while still being able to ensure that the enforcement of suspected corruption can go in line according to the spirit of the provisions in the law on corruption eradication
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