Jurnal Hukum Indonesia
Vol. 5 No. 2 (2026): Jurnal Hukum Indonesia

Analisis Penerapan Pasal 3 UU Tipikor terhadap PNS yang Menyalahgunakan Wewenang

Aziza Nadya Syahni (Universitas Muhammadiyah Kotabumi)
Slamet Haryadi (Universitas Muhammadiyah Kotabumi)



Article Info

Publish Date
27 Apr 2026

Abstract

This research aims to analyze the application of Article 3 of the Anti-Corruption Law toward Civil Servants who abuse their authority, as well as to examine the form of legal responsibility arising from such actions. This research employs a normative juridical method with statutory, conceptual, and case approaches, through the analysis of Decision Number 154 K/Pid.Sus/2026. The results indicate that the application of Article 3 in this case emphasizes the element of abuse of authority committed by the defendant as a civil servant in the administrative process and disbursement of government project funds. The defendant was not proven to have enriched himself as stipulated in Article 2, but was proven to have misused his authority, resulting in potential state financial losses. The application of Article 3 expands the scope of legal responsibility, encompassing not only active misconduct but also negligence or omission that leads to state losses. Legal accountability in this case is individual in nature, although the act was committed collectively, with penalties in the form of imprisonment and fines as a manifestation of accountability for abuse of office. This study concludes that Article 3 of the Anti-Corruption Law plays a crucial role in addressing abuse of authority by civil servants and has implications for increasing the standard of due diligence in the execution of public duties.

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Journal Info

Abbrev

rp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Hukum Indonesia is a national scientific journal. A double-blind, peer-reviewed, open-access journal published by Riviera Publishing every three months. Jurnal Hukum Indonesia provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that ...