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


Prevention of Corruption Crime through Mechanism Enforcement Administrative to Abuse Authority In Form Discretion that results state finances loss.

Author(s): Wahbi Rahman, Sudarsono, Prija Djatmika, Abdul Madjid

As system nature of responsibility specifically, Article 3 of the Eradication Law follow criminal corruption has arrange that abuse resulting authority loss state finances are part from follow criminal corruption. On the other hand, Law 30 of 2014 concerning Administration Government also regulates about mechanism accountability to exists incoming discretion in category abuse later authority give rise to where are the losses to the country ? Furthermore can boils down to implementation penalty administrative as regulated in Article 80 paragraph (4) of the Law Administration Governance. Based on issue the writer interesting problem in a way theoretical regarding with Prevention Act Criminal Corruption through Mechanism Enforcement Administrative to Abuse Authority In Form Discretion that results loss state finances with use method Study law (legal research) with a discussion focus related with application principle specialist systematic in case abuse generating authority loss state finances as containing concept among those regulated in the Eradication Law Act Criminal Corruption and Administrative Law Government. Where based research that has been done, known that with development of existing legal instruments moment this, mekasnime administrative enforcement against abuse authority in form discretion that gives rise loss state finances can used as a preventive instrument happen something follow criminal corruption with using, the principle is not each other setting aside, that is If can finished with administrative instruments then legal instruments criminal No held Again matter that is what theory called with principle Una-Via or ultra vires which means, if something case has resolved in a way administration so close it opportunity resolve the case with other law.

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