ISSN: 2265-6294

Implications Of Abuse Of Authority In State Administrative Law On The Legal Certainty Of Corruption

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Aliansyah, Elwi Danil, Yuslim, Nani Mulyati

Abstract

In Law No. 20 of 2001 on Combating Corruption and Law No. 30 of 2014 on Government Administration, there is a fundamental difference between unlawful acts and abuse of authority. In unlawful acts there is an element of error in a person who has the intention to enrich themselves or others or corporations to harm the state finances, while in the abuse of authority tends to lead to personal losses with categories of violations of an administrative nature. The problem in this study is; (1) What is the conception of abuse of authority in the law of the State Administration? (2) How is the arrangement on the abuse of authority as a crime of corruption?, (3) How is the Element of abusing authority in the crime of corruption as the Absolute competence of the State Administrative Court? The approach method used in this study is normative juridical method. Normative legal research is conducted (especially) on primary, secondary, tertiary legal materials, as long as they contain legal rules.

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