Law Research Review Quarterly
Vol 5 No 1 (2019): L. Research Rev. Q. (February 2019) "Challenges & Strengthening Scientific-Based

Abuse of Authority Article 3 of Law No. 31 of 1999 concerning Eradication of Corruption in Criminal Law Review




Article Info

Publish Date
28 Feb 2019

Abstract

Research on the concept of abuse of authority in the Constitution of Corruption in Indonesia, describes the problem together with the concept of abuse of authority in court decisions. The elaboration with normative research methods ultimately results in showing that the formulation of violations in Article 3 of the PTPK Law is inconsistent. The location of inconsistency is the first element of violation ("with the aim of enriching oneself, others, or corporations") formulated in the material, while the 3rd element ("may endanger the country's finances or economy") is formulated formally. On this basis, the elements of violation "abuse the authority, opportunity, or means they have because of their position / position". As a solution, presumably with the nature given in the haeren between the concept of "haram" with the concept of "abuse of authority" and in practice evidence of abuse of authority is difficult, because assessing the abuse of authority related to factual, it is recommended for Article 3 of Law No. 31 of 1999 jo. UU no. 20 of 2001 just deleted. Another reason is: the element of violation of the law in Article 2 of Law no. 31 of 1999 jo. Law Number 20 of 2001 has been able to accommodate the elements of "abuse of authority", because "abuse of authority" is the "species" of the "genus" element of "breaking the law".

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Journal Info

Abbrev

snh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all ...