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All Journal Awang Long Law Review
Newaldy Fatiha Muhamad Nur
Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia
Law, Crime, Criminology & Criminal Justice

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POWER DISTANCE AS A CRIMINOGENIC STRUCTURE: EVALUATION OF ABUSE OF AUTHORITY IN CORRUPTION CRIMES IN INDONESIA Newaldy Fatiha Muhamad Nur; Abdul Rasyid Saliman
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2274

Abstract

This study aims to analyze the influence of power distance on the occurrence of abuse of authority and to evaluate the normative boundary between administrative discretion and criminal acts of corruption in the application of Article 3 of the Criminal Code. This study employs a normative legal methodology using a legislative and case-based approach to assess the relationship between power structures and the effectiveness of criminal law norms. The study also incorporates a mixed-methods approach with a socio-legal perspective. The findings reveal a legal gap characterized by a misalignment between criminal law and administrative law, which results in high-ranking officials having greater scope for impunity. Case analysis reveals a pattern: the greater the distance in the power hierarchy, the higher the probability that abuse of authority is framed as an administrative policy rather than a criminal offense. The study recommends establishing normative parameters to limit discretion based on a power-sensitive framework and harmonizing Article 3 of the Anti-Corruption Law with the concept of abuse of authority in the Administrative Governance Law.
Co-Authors Abdul Rasyid Saliman