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All Journal Awang Long Law Review
Abdul Rasyid Saliman
Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia

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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.
THE EFFECTIVENESS OF MINISTER OF HOME AFFAIRS REGULATION NUMBER 73 OF 2022 CONCERNING NAME REGISTRATION IN BIRTH CERTIFICATE ADMINISTRATION Navratilova; Abdul Rasyid Saliman; Enny Agustina
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.v9i1.2288

Abstract

Birth certificates play a fundamental role in population administration as they serve as legal proof of identity and official recognition of every citizen before the law. Through Minister of Home Affairs Regulation Number 73 of 2022 concerning Name Registration on Birth Certificates, the Government of Indonesia regulates the use of names deemed inconsistent with the norms of decency, morality, and public order. Although the regulation is intended to safeguard the best interests of the child, its implementation continues to generate debate regarding legal certainty and the protection of constitutional rights. This study aims to examine the effectiveness of the implementation of Minister of Home Affairs Regulation Number 73 of 2022 in ensuring legal certainty and to assess its conformity with constitutional law principles. The research employs a normative juridical method using both statutory and conceptual approaches. The data were collected from the 1945 Constitution of the Republic of Indonesia, relevant legislation, Minister of Home Affairs Regulation Number 73 of 2022, scholarly literature, and judicial decisions. The findings indicate that the implementation of the regulation has not yet been optimal due to the absence of clear and measurable standards for determining names that are considered contrary to prevailing norms. This situation has resulted in inconsistent application across different regions and has consequently created legal uncertainty. Furthermore, the regulation of restrictions on fundamental rights through a ministerial regulation may be inconsistent with the principle of legality and the provisions of Article 28J of the 1945 Constitution. Therefore, regulatory refinement, the establishment of more objective criteria, and strengthened oversight mechanisms are necessary to ensure a balanced protection of children's interests and human rights.