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All Journal Jurnal Hukum Indonesia
Aziza Nadya Syahni
Universitas Muhammadiyah Kotabumi
Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Penerapan Pasal 3 UU Tipikor terhadap PNS yang Menyalahgunakan Wewenang Aziza Nadya Syahni; Slamet Haryadi
Jurnal Hukum Indonesia Vol. 5 No. 2 (2026): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v5i2.2568

Abstract

This research aims to analyze the application of Article 3 of the Anti-Corruption Law toward Civil Servants who abuse their authority, as well as to examine the form of legal responsibility arising from such actions. This research employs a normative juridical method with statutory, conceptual, and case approaches, through the analysis of Decision Number 154 K/Pid.Sus/2026. The results indicate that the application of Article 3 in this case emphasizes the element of abuse of authority committed by the defendant as a civil servant in the administrative process and disbursement of government project funds. The defendant was not proven to have enriched himself as stipulated in Article 2, but was proven to have misused his authority, resulting in potential state financial losses. The application of Article 3 expands the scope of legal responsibility, encompassing not only active misconduct but also negligence or omission that leads to state losses. Legal accountability in this case is individual in nature, although the act was committed collectively, with penalties in the form of imprisonment and fines as a manifestation of accountability for abuse of office. This study concludes that Article 3 of the Anti-Corruption Law plays a crucial role in addressing abuse of authority by civil servants and has implications for increasing the standard of due diligence in the execution of public duties.
Co-Authors Slamet Haryadi