International Journal of Law


International Journal of Law
International Journal of Law
Vol. 5, Issue 3 (2019)

Abuse of power in the perspective of administrative law in Indonesia


Chatarina Muliana

The State Administrative Court in examining the elements of abuse of power and analyzing the implications of eamining the elements of abuse of power by the Administrative Court on handling the corruption cases of abuse of power in order to determine whether the corruption and abuse of power and the examination of the elements of abuse of power by the Administrative Court can provide the legal certainty in handling corruption cases and legal protection for the government officials in the implementation of their authorities. In the various court decisions the concept of abuse of power is always related to misuse of authority in administrative concepts so that the Public Prosecutor and Judge do not prove the link of the purpose of abusing authority in their own favor. The differences in administrative law, abuse of power is associated with contradicting the General Principles of Good Governance (AAUPB) but not to self-benefiting. Likewise, the formulation of the offense element of self-enriching or self-benefiting is an alternative, that is oneself or another person or a corporation that aims to facilitate the disclosure of criminal acts of corruption as the extraordinary crimes which in fact create a legal uncertainty.The philosophy of authority of the State Administrative Court in examining the elements of abuse of power under the Government Administration Act is to prevent any attempts to criminalize the handling of corruption cases of abuse of power by the officials of law enforcement. The authority to examine the elements of abuse of power by the State Administrative Court in the Government Administration Act creates a legal uncertainty, and the regulatory provisions have not been able to provide the legal protection to the government officials in carrying out their duties, especially when conducting the discretion.
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