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All Journal PESHUM Multidisciplinary Research Studies in Social Sciences
Ade Rachmad Hidayat
Universitas Islam Negeri Raden Fatah Palembang
Humanities Education Social Sciences

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Analisis Yuridis Temuan Insidental dalam Praktik Penyadapan Komisi Pemberantasan Korupsi Ade Rachmad Hidayat; Arne Huzaimah; K.A. Bukhori
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 3: April 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i3.16009

Abstract

This study examines the normative construction of the Indonesian Corruption Eradication Commission's (KPK) wiretapping authority, specifically concerning "wiretapping beyond the main case" or incidental findings. The analysis focuses on the tension between KPK's extraordinary powers in combating corruption and the constitutionally guaranteed right to privacy. Using a normative legal research approach, this study evaluates the conformity of extended wiretapping practices with human rights limitation principles, including legality, necessity, proportionality, and due process of law. Findings reveal normative ambiguity in existing regulations, which could lead to broad discretion and potential violations of constitutional rights. The research proposes an ideal formulation for wiretapping authority limits, emphasizing strict subject and object restrictions, judicial authorization, time limitations, and independent oversight. This framework aims to achieve a balance between effective corruption eradication and the protection of human rights within a democratic rule of law.
BEYOND LEGALITY: REFRAMING ABUSE OF AUTHORITY THROUGH THE LENS OF UTILITY AND ACCOUNTABILITY IN ADMINISTRATIVE LAW Ade Rachmad Hidayat; Shexy Intan Pratama Sari; Cholidah Utama
Multidisciplinary Research Studies in Social Sciences Vol 2, No 1 (2026): Multidisciplinary Research Studies in Social Sciences
Publisher : Taksasila Edukasi Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71312/mrscholar.v2i1.557

Abstract

The increasing prevalence of authority abuse in public administration highlights the inadequacy of legality-based oversight systems in ensuring just and accountable governance. This study aims to reframe the understanding of administrative authority by integrating the principles of legality, utility, and accountability within the context of administrative law. Employing a qualitative design with doctrinal analysis, comparative case studies, and semi-structured interviews involving public officials, oversight bodies, and scholars, the research explores how these principles interact to prevent and evaluate abuse of authority. The findings reveal that administrative control in Indonesia remains heavily procedural, resulting in a persistent utility gap and accountability gap where decisions may be lawful but lack measurable public benefit. The study introduces a new conceptual framework Administrative Accountability Based on Utility which positions public value creation as a central criterion for legitimate authority. This model contributes theoretically by extending administrative justice beyond legality toward functional and ethical governance. Practically, it proposes institutional reforms such as impact-based audits and outcome-oriented accountability mechanisms. The research concludes that administrative legitimacy must derive not only from rule compliance but also from demonstrable social utility and answerability, paving the way for more responsible and value-driven governance systems.Keywords: accountability, administrative law, authority abuse, public value, utility
Co-Authors Arne Huzaimah Cholidah Utama K.A. Bukhori Shexy Intan Pratama Sari