Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Building the Eradication of Corruption in Indonesia Using Administrative Law

Author(s): Muhammad Bagus Adi Wicaksono, Rian Saputra

This study aims to see and describe other alternatives in eradicating corruption due to abuse of power that is detrimental to state finances. This idea emerged after seeing that the paradigm of corruption eradication in Indonesia is currently still focused on punishment, thus forgetting one of the objectives of the Corruption Act, namely the return of state financial losses. This type of research is normative, with a statutory approach, conceptual approach, and case approach. The results of the study show that the eradication of corruption due to abuse of authority by government officials through the administrative law approach focuses more on returning state losses by: First, supervision of internal government agencies, in this case the Government Internal Supervisory Apparatus (APIP). APIP has the authority to carry out direct prosecution and ask for compensation. Second, with regard to external supervision, in the event that the Supervisory Agency (BPK) finds state financial losses, it would be good to take administrative action in an effort to recover state financial losses, by communicating with APIP for time efficiency in eradicating corruption and restoring state losses. Third, sanctions within the competent state that result in financial losses in Article 20 Juncto 21 of Law Number 30 of 2014 concerning governments that have not provided clear instrument sanctions in terms of abuse of authority that harm state finances by government officials and only provide administrative sanctions in the form of dismissal and there is no obligation to recover state financial losses.

Get the App