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International Journal of
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VOL. 6, ISSUE 5 (2020)
Discursus on legal expression in arrangements of corruption eradicationin Indonesia
Authors
Shubhan Noor Hidayat, Lego Karjoko, Sapto Hermawan
Abstract
The purpose of this study is focused on expanding the absolute competence of the State Administrative Court (PTUN) in Law Number 30 Year 2014. The purpose of this study to obtain two things, first is the expansion of the absolute competence of the PTUN after the enactment of the Government Administration Act and the Implications of the enactment of the Government Administration Act for the legal certainty of eradication and enforcement of criminal acts of corruption in Indonesia. This study uses a normative juridical research method, and uses astatutory approach. Results The results showed that there were several forms of expansion of the absolute competence of PTUN, such as the authority to test factual actions, to test the abuse of authority, to test administrative efforts, to break positive fictitious decisions, and to test discretion. While the implications of the Government Administration Act for legal certainty in eradicating criminal acts of corruption, as it is known that in the corruption law it is also stated that one element of corruption is the abuse of authority. So, in this context there are at least two problems, namely: 1. What if there is an abuse of authority by state officials brought to two courts simultaneously, namely to the Administrative Court and to the District Court in corruption cases? 2. If at any time the PTUN decision is issued stating that there is no abuse of authority, but there are also parties who submit the case to the District Court on corruption charges. What is the attitude of the District Court, whether to accept the PTUN decision on the case or instead choose to override the PTUN decision.
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Pages:196-203
How to cite this article:
Shubhan Noor Hidayat, Lego Karjoko, Sapto Hermawan "Discursus on legal expression in arrangements of corruption eradicationin Indonesia". International Journal of Law, Vol 6, Issue 5, 2020, Pages 196-203
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