The Futuristic Concept of Abuse of Authority in Criminal Acts of Corruption

Abstract

As a concept, the term "abuse of authority" is used by 2 (two) legal regimes, namely by the administrative law regime and by the criminal law regime of corruption, both legal regimes are public law. The impact of using the concept of abuse of authority by 2 (two) different legal regimes on the same concept/term in case of abuse of authority is the birth of concurrent jurisdiction between the State Administrative Court and the Corruption Court. Concurrent jurisdiction over the same material by 2 different judicial institutions. After the enactment of Law Number 30 of 2014 concerning Government Administration, especially Article 21 according to the author's observation, there have never been cases of corruption cases filed by the special Public Prosecutor concerning the indictment of Article 3 of Law 20 of 2001 concerning Amendments to Laws -Law Number 31 of 1999 concerning the Eradication of Corruption has been tested beforehand regarding whether or not there is an element of abuse of authority by the State Administrative Court. This situation shows that the application of laws and regulations is faced with two things, namely "performance" (validity) and usability (efficacy). While usability is related to whether the norm is adhered to or not.