VOlUME 05 ISSUE 07 JULY 2022
Fathur Rauzi
Lecturer at the Faculty of Law, Universitas Islam Al Azhar Mataram
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ABSTRACT
As a concept, the term "abuse of authority" is used by 2 (two) legal regimes, namely by the administrative law regime and by the criminal law regime of corruption, both legal regimes are public law. The impact of using the concept of abuse of authority by 2 (two) different legal regimes on the same concept/term in case of abuse of authority is the birth of concurrent jurisdiction between the State Administrative Court and the Corruption Court. Concurrent jurisdiction over the same material by 2 different judicial institutions. After the enactment of Law Number 30 of 2014 concerning Government Administration, especially Article 21 according to the author's observation, there have never been cases of corruption cases filed by the special Public Prosecutor concerning the indictment of Article 3 of Law 20 of 2001 concerning Amendments to Laws -Law Number 31 of 1999 concerning the Eradication of Corruption has been tested beforehand regarding whether or not there is an element of abuse of authority by the State Administrative Court. This situation shows that the application of laws and regulations is faced with two things, namely "performance" (validity) and usability (efficacy). While usability is related to whether the norm is adhered to or not.
KEYWORDS:Futuristic, Concepts, Abuse of Authority, Corruption Crimes and Government Administration Laws.
REFERENCES
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14) Law Number 31 of 2009 concerning Eradication of Criminal Acts of Corruption
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16) Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2015 concerning Guidelines for the Assessment of Elements of Abuse of Authority.
17) Circular Letter of the Supreme Court of the Republic of Indonesia Number 7 of 2012 concerning Guidelines for Measuring the Presence of Abuse of Authority Measured by the Total Value of State Losses.
18) Circular Letter of the Supreme Court of the Republic of Indonesia Number 3 of 2018 concerning Guidelines for Measuring Whether or not Abuse of Authority is Measured by the Total Value of State Losses.