Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Integritas: Jurnal Antikorupsi
Ananda Chrisna D. Panjaitan
Universitas Pelita Harapan
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The criminal liability of Civil Servants and Non-Governmental Organizations in corrupt collaboration Ananda Chrisna D. Panjaitan; Torang Fadly Panjaitan
Integritas: Jurnal Antikorupsi Vol 12 No 1 (2026): Article in Progress
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v12i1.1682

Abstract

This article analyzes the expansion of the meaning of abuse of authority under Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, as amended by Law Number 20 of 2001. The principal issues examined include: (1) whether omission or deliberate inaction by an civil servants may be legally qualified as an abuse of authority and (2) how joint liability between civil servants and NGO may be constructed within the framework of corrupt practices. Through this methodological framework, the doctrinal boundaries of abuse of authority and participation were systematically examined. The findings indicate that an omission by an civil servants who is under a legal duty to act may be qualified as an abuse of authority where such omission is carried out consciously and with the intent to benefit oneself or another person, and where it results instate financial loss. Within the context of collaboration, the doctrine of participation (medepleger) serves as the juridical foundation for attributing joint criminal responsibility between civil servants and NGO actors. It is concluded that the expansion of the interpretation of Article 3 must be undertaken cautiously within the confines of the principle of legality, while remaining responsive to the evolving patterns of collaborative corruption.
Co-Authors Torang Fadly Panjaitan