Refleksi Hukum: Jurnal Ilmu Hukum
Vol. 9 No. 2 (2025): Refleksi Hukum: Jurnal Ilmu Hukum

PENYALAHGUNAAN WEWENANG DALAM PENGELOLAAN IZIN PERTAMBANGAN YANG BERIMPLIKASI TINDAK PIDANA KORUPSI

Suastuti, Eny (Unknown)
Cahyani, Indah (Unknown)
Rusdiana, Erma (Unknown)



Article Info

Publish Date
17 Mar 2026

Abstract

This article examines the abuse of authority by public officials or civil servants in the mining sector in accordance with Article 3 of the Corruption Eradication Law. The Corruption Eradication Law does not provide an adequate explanation, leading to various interpretations in court decisions that create ambiguity. In addition, the concept of abuse of authority is an administrative law concept, and judicial practice shows several differences in its interpretation and parameters. The article's findings highlight challenges in enforcing Article 3 of the Corruption Eradication Law, particularly the identification of overlapping regulatory ambiguities as a significant issue. The results of the study show that including abuse of authority in Article 3 of the Corruption Eradication Law as an administrative law concept will create obstacles for law enforcement. On the other hand, the Mining Law grants the government with the authority and discretion to manage finances, from the licensing stage through implementation, including the drafting of mining cooperation contracts that must adhere to the principles of good faith and transparency.

Copyrights © 2025






Journal Info

Abbrev

refleksihukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

REFLEKSI HUKUM is a peer-review scholarly Law Journal issued by Faculty of Law Satya Wacana Christian University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). REFLEKSI HUKUM accepts ...