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All Journal The Indonesian Journal of International Clinical Legal Education IBLAM Law Review
Puhi, Oyaldi
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.915 KB) | DOI: 10.15294/ijicle.v2i1.37323

Abstract

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.
The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i1.37323

Abstract

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.
THE APPLICATION OF ARTICLE 22 OF THE REGULATION OF THE HEAD OF THE INDONESIAN NATIONAL POLICE FORCE NUMBER 14 OF 2011 CONCERNING THE CODE OF ETHICS OF THE INDONESIAN NATIONAL POLICE PROFESSION Puhi, Oyaldi; Moonti, Roy Marthen; Kadir , Yusrianto; Pakaya, Salahudin
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.131

Abstract

The purpose of this study is to determine and analyze the effectiveness of the application of Article 22 of the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Professional Ethics of the Indonesian National Police in the Gorontalo Regional Police and to determine and analyze what factors affect the effectiveness of the application of Article 22 of the Regulation of the Chief of the Indonesian National Police Number 14 of 2011 concerning the Code of Professional Ethics of the Indonesian National Police in the Gorontalo Regional Police. The research used is empirical research. Empirical legal research is conducted by examining directly into the field to see directly the application of legislation or rules of law relating to law enforcement, as well as conducting interviews with several respondents who are considered to be able to provide information regarding the implementation of law enforcement. The application of the Regulation of the Chief of the Indonesian National Police (Perkap) is not yet effective, because from the results of the interview that the Gorontalo Regional Police prioritizes the Circular Letter (SE) rather than the Regulation of the Chief of the Indonesian National Police (Perkap), moreover that the debate regarding the application of legal norms does not only occur among law enforcers in general but within the internal police also becomes a debate caused by the existence of conflicting legal norms between high legal norms and low legal norms. Factors affecting the effectiveness of the application of the article on the Regulation of the Chief of the Indonesian National Police regarding the Police Professional Code of Ethics within the scope of the Gorontalo Regional Police, which is the formulation of the problem in this study, including; 1) Legal Substance, 2) Legal Structure, 3) Legal Culture.
Co-Authors Akili, Rustam Hs Kadir , Yusrianto Moonti, Roy Marthen Pakaya, Salahudin