Juridical Study on Abuse of Authority in Corruption Crimes: Analysis of Law No. 19 of 2019 concerning the Corruption Eradication Commission

Abstract

Eradication of Corruption Crimes is a series of activities to prevent and eradicate the occurrence of criminal acts of corruption through efforts to coordinate, supervise, monitor, investigate, investigate, prosecute, examine before courts, with community participation in accordance with statutory provisions. Corruption is a criminal act which if violated will be sanctioned, traced from the point of view of life and appears as a bad cultural image of the Indonesian nation. Corruption crimes are all negative activities related to embezzlement of funds, bribery and all forms of gratuities that are contrary to law, norms and customs. Traditionally, people can say that Indonesia's identity is corruption. This image is not completely wrong. Because the reality of the complexity of corruption is felt to be not merely a legal issue, but actually a violation of economic and social rights that has an impact on the life of the nation. Talking about corruption will indeed find the fact that corruption involves moral aspects, traits and circumstances that are not good, positions in government agencies or apparatus, misappropriation of power or authority in office due to gifts, economic and political factors, as well as placement of families or groups into officialdom under the authority of the position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts.

Authority of Surabaya City Government regarding Amending Fund Budget of Village

“…In this regard, the introduction of transparency becomes imperative to materialize a procedural governance ethos in fulfilling the people's mandate. Transparency, elucidated as the government's openness in formulating policies, particularly those intertwined with the regional budget, serves as a means of disseminating this information to the public domain (Saragih et al, 2023). This transparency, systematically executed by the government, instigates a chain reaction of accountability, fostering a symbiotic relationship between the government, particularly at the Village level, and its constituents.…”

Development of the Principle of Legality in Indonesian Criminal Law

“…Meanwhile, the principle of material legality accommodates unwritten laws that still apply in society. The concept of deconstruction regarding the principle of legality is that the primary guide for judges to qualify criminal acts outside those regulated by criminal law is unwritten criminal law, especially general legal principles (Saragih et al, 2023). If it does not find a basis in legal principles, what is used is the concept of moral values.…”

Judicial control over government’s abuse of authority through administrative and corruption law

“…The parameters of the presence or absence of abuse of authority in the form of "detournement de pouvoir" and "arbitrary" (Kennedy, 2019;Saragih et al, 2023), as referred to Article 17 (1) of the Government Administration Law (AP Law, Hukum Administrasi Pemerintah). the prohibition of abuse of authority as referred to in Article 17 (1) includes a).…”

“…Benchmark or parameter is the presence or absence of abuse of authority for government bodies/officials who use their authority (Saragih et al, 2023). In reference to state administrative law theory always uses parameters (rechtmatigheid), namely the regulation of statutory law, namely whether the authority is exercised according to its purpose which is the basis for granting authority in a particular law, whether the use of authority is used in accordance with requirements and procedures that has been determined, and whether the substance of the actions of government bodies/officials in exercising their authority is appropriate or not in accordance with the purpose of the basic regulations.…”