International Journal of Creative Research and Studies


Volume 6 Issue 6, June-2022



Title: Depenalization Elements of Abuse of Power From Corruption Delict

Author: A’an Efendi


Abstract:

The decision of the Supreme Court interprets the meaning of abuse of power in a corruption delict Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption is the same as the meaning of abusing the power in Law no. 5 of 1986 concerning the Administrative Court resolves the problem of law enforcement in corruption cases but raises problems in the legal theories. The two laws are not related to the same subject so the concept of abusing the power cannot be used in the two laws simultaneously. Depenalization of the element of abusing power from corruption delict to create legal certainty that abusing the power is part of administrative law so that the settlement procedure also uses administrative law tools instead of criminal law (corruption delict).


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IJCRS DESCRIPTION

ISSN:0249-4655

Publisher:Knowledge-Ridge Publishers

Area/Scope:Business Economics and Management ;Social Science, Literature, Arts and Humanities; Engineering and Technology; Life Science and Physical Science; Health and Medical Science

Frequency: Monthly

Format:Online & Print

Language:English

Review-Process:Double Blinded

Access: Open Access