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Existence of Prosecutors' Authority in Investigating Criminal Acts of Corruption Based on Law Number 31 of 1999 as Amended by Law Number 20 of 2001 concerning Eradication of Corruption Rustam HS Akili
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.5821

Abstract

The main problems studied are as follows: Why in Indonesia, in the process of investigating criminal acts of corruption can be carried out by various law enforcement institutions, namely the Police, the Prosecutor's Office, to the KPK? And how is the existence of the Prosecutor's Office in investigating corruption based on Law Number 16 of 2004 in conjunction with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 in conjunction with Law Number 30 of 2002? This research is a normative legal research, which is descriptive in nature, using a normative juridical approach, which is an approach through literature review with secondary data as the main source, which is obtained through data collection techniques with literature review, which is supported by interviews. After the data is collected, it is then analyzed in a normative-qualitative manner. The results of the study obtained answers, as follows: The process of investigating criminal acts of corruption in Indonesia can be carried out by law enforcement institutions, namely the Police, the Prosecutor's Office, to the KPK, because of the division of authority to investigate criminal acts of corruption, if the crime of corruption involves law enforcement, state administrators and other people who are related to criminal acts of corruption and receive attention that disturbs the public and/or involves state losses of at least Rp. 1,000,000,000.-.
The Settlement of Abuse of Authority by Government Officials Oyaldi Puhi; Rustam Hs Akili; Roy Marthen Moonti
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36384

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.