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THE CONCEPT OF AUTHORITY ABUSE IN CORRUPTION IN INDONESIA AFTER THE IMPLEMENTATION OF LAW NUMBER 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION

. Fathur Rauzi, I Nyoman Nurjaya, Rodiyah & Amiruddin


Abstract

The term "abuse of authority" is used by 2 legal regimes, namely by the administrative law regime and by the corruption criminal law regime, both legal regimes are both public law. This has resulted in concurent jurisdiction (joint authority) between the State Administrative Court and the Corruption Crime Court. The abuse of power committed by Government Officials is a form of corruption as stipulated in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. So it is not explicitly regulated or not further regulated by the criminal law, especially the criminal corruption concerning the definition of the element of "abusing authority" as an element of offense (bestandle delict) in the practice of the Corruption Crime Court when considering the definition of "abusing the authority" of Corruption Criminal Judges referring to Article 53 paragraph (2) sub b of Law Number 5 Year 1986 concerning State Administrative Courts, namely, State Administrative Bodies or Officials at the time of issuing the decision as referred to in paragraph (1) have used their authority for other purposes than the purpose of granting said authority. which incidentally is an administrative legal regime. Abusing the authority as the core of the bestandle delict in the formulation of the norms of Article 3 of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, the meaning should be explicitly regulated further in law, this is in accordance with the principles in criminal law the formulation of norms must be lex certa (clear and firm), and the norms of criminal law must be written (lex scripta), because criminal law can reduce, rob people of freedom of freedom, and even eliminate and take away people's right to life

Keywords: Abuse of authority, Corruption, Law, Government Administration

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