Journal of the Community Development in Asia
Vol 5, No 1 (2022): Journal of The Community Development in Asia (JCDA)

Discretion of Government Officials in the Perspective of Corruption Crime Reviewed from the Theory of Criminal Removal Reason

Altje Agustin Musa (Sam Ratulangi University)
Jemmy Sondakh (Sam Ratulangi University)
Wempie Jh. Kumendong (Sam Ratulangi University)
Caecilia J.J. Waha (Sam Ratulangi University)



Article Info

Publish Date
20 Jan 2022

Abstract

Providing welfare for all citizens is the goal of the Indonesian state. In government administration, government officials are often faced with concrete social situations urgently to be addressed, while regulations are unclear. To overcome government stagnation, government officials are given the authority to act based on their own considerations, called discretion. The study aims to analyze the discretionary case and find the relationship between discretion in the perspective of corruption and the theory of criminal removal reason. The study finds that Criminal Code regulates Criminal Removal Reasons concerning defending to save on body, soul, or goods of someone/others, not government officials discretion to defend social interest. The Corruption Law does not regulate Criminal Removal Reason. In judicial corruption in Indonesia, Government officials' discretion was not sentenced because the decision/act is based on considerations of urgency, for the public interest, and does not benefit the government officials/others.

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Journal Info

Abbrev

JCDA

Publisher

Subject

Humanities

Description

JCDA aims to feature narrative, theoretical, and empirically-based research articles. The journal also accepts articles with data taken from reflections as well as experiences (qualitative research) relevant to community development in Asia. As it explores the community development broadly, the ...