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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Faizin Sulistio
Faculty of Law, University of Brawijaya, Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Reconstructing Criminal Law To Distinguish Administrative Errors From Village Fund Corruption Sari Darniati; Faizin Sulistio; Harun Al Rasyid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.396

Abstract

This study examines the reconstruction of Indonesian criminal law governing Village Fund management to establish clear legal boundaries between administrative misconduct and corruption offences. Using normative legal research with statutory, conceptual, and case approaches, the study analyses the Village Law, Government Administration Law, Anti-Corruption Law, and relevant Supreme Court decisions. The research proposes an integrated Administrative–Criminal Boundary Model requiring administrative screening, assessment of mens rea, abuse of authority, unlawful benefit, and actual state financial loss before criminal prosecution. The model strengthens legal certainty, prevents over-criminalization of village officials acting in good faith, and improves proportional anti-corruption enforcement.
Formulating Juridical Limits on Government Officials’ Discretion Between Administrative Violations and Corruption Offenses Muhammad Zulfa Tirta Permadi; Faizin Sulistio
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.417

Abstract

This study examines the boundaries of government officials’ discretion in distinguishing administrative violations from corruption offenses causing state financial losses. The issue arises from the blurred boundary between administrative errors and corruption, particularly when discretion results in state financial losses. This study aims to analyze the parameters used by judges in distinguishing discretion as an administrative violation from corruption offenses and to determine whether discretion exercised in accordance with the general principles of good governance (AUPB) may serve as a ground for justification in corruption offenses. This research employs normative legal research using statutory, case, and conceptual approaches. Materials were analyzed through nine court decisions, consisting of six corruption court decisions and three state administrative court decisions. The analysis employed an extraction matrix, discretion classification, AUPB compliance indicators, and four administrative penal law criteria. The findings indicate that judges have not applied uniform parameters in distinguishing administrative violations from corruption offenses and have not referred to Articles 17 to 24 of Law Number 30 of 2014 on Government Administration in examining abuse of authority. This study formulates a six-step examination comprising the legal basis of authority, circumstances under Article 23, purposes under Article 22 paragraph (2), requirements under Article 24, AUPB compliance, and determination of the sanction domain. The study concludes that discretion exercised in accordance with the AUPB may serve as a ground for justification when the act qualifies as discretion and compliance indicators are cumulatively fulfilled. Regulations are required to establish the boundary between administrative and criminal proceedings.
Co-Authors Harun Al Rasyid Muhammad Zulfa Tirta Permadi Sari Darniati