The supreme court didn’t make the gradation on the evidence law in the process of the law enforcement on the first stage/pre-trial (investigation and introgation) and the second stage/trial (prosecution and verdict). Meanwhile, the provisions of article 184 KUHAP is related with the provisions of the next article 185, 186, 187, 188, and 189 KUHAP. That proves that the gradation of legal evidence in article 184 is for the second stage/ trial process. The research method used in this research is normative legal research. The research approach used is the statutory approach, the conceptual approach and the cases approach to coercive measures (dwang middelen) in the alleged occurrence of criminal acts for investigators based on the Criminal Procedure Code and the Constitutional Court Decision Number: 21/ PUU-XII/2014. This study aims to analyze disharmony as a legal consequence of the Constitutional Court Decision No. 21/PUU-XII/2014. If the verdict of supreme court aquo has the character final and binding, then after 30 days it was decided and declared in the gazette. As the law effect, all measures from the investigator were guided by KUHAP, in the frame of the force effort (dwang middelen) when the determination of the suspect, the arrest, and the detention is called as the breach of the legality principle and the rechtmatigeheid van bestur principle. That measures is null and void (neitigheid van rechtswege), therefore when tested by the pre-trial process about that measures, then the lawsuit filed by the applicant is very feasible and rasionable based on the law and appropriate to be accepted by the judge of pre-trial examiner.

Roads as one of the transportation infrastructure are important elements in building the life of the nation and state. The government has an important role in providing investment for road construction in accordance with its authority as regulated in Law Number 2 of 2022 on the Second Amendment to Law Number 38 of 2004 concerning Roads. However, there are district governments carrying out the construction of national roads which should be the authority of the central government. This writing uses a normative research method with a statutory approach and a conceptual approach related to regulations and regulatory concepts over the authority of local governments in the construction of national roads. Besides that, it uses a conceptual approach , namely the approach taken to the concept of regional government authority in road construction . The purpose of this study is to analyze the abuse of authority by the Regional Government for the construction of National Roads. The results of the study stated that the Regency/City Regional Government carried out the construction of national roads , The regency /city regional government fulfills the element of abusing authority or exceeding authority . For this reason, the central and regional governments can carry out road construction, but this must be in accordance with their respective authorities.

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority.