Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

Sadjijono, Sadjijono and Santoso, Bagus Teguh (2017) Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption. Asian Social Science (ASS), 13 (9). ISSN (Print): 1911-2017 ISSN(Online): 1911-2025

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Abstract

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

Item Type:	Article
Additional Information:	Asian Social Science; Vol. 13, No. 9; 2017 ISSN 1911-2017 E-ISSN 1911-2025 Published by Canadian Center of Science and Education terindeks scopus sjr
Uncontrolled Keywords:	Bestuurzorg, Rechtsbescherming, Bevoegheid, Preventif, Dualism, Doelmatigheid, Doeltreffenhgeid, Maladministration, Due Process of Law, Rechtstaat
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	22 Nov 2022 02:37
Last Modified:	13 Feb 2023 07:56
URI:	http://eprints.ubhara.ac.id/id/eprint/1545

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