THE CONCEPT OF MALADMINISTRATION IN CORRUPTION

Lalu Arya Sukma Gunawan, Amiruddin, Anwar

Abstract:

The main legal instrument for the realization of a clean government is administrative law. Thus administrative law is expected to prevent corruption, since corruption is broadly and broadly related to the use of authority. The absence of clarity regarding the limitations of abuse of authority contained in Law No. 30 of 1999 jo. Law No. 20 of 2001 on combating corruption makes it difficult for law enforcement to know the meaning of the abuse of authority itself and its limitations. So with the issuance of law number 30 of 2014 about the administration of the government provides clarity about the abuse of authority itself in particular and administrative law in general. The method used in this research is with the approach of law and conceptual approach. The legal materials used are primary legal materials and secondary legal materials. The analysis is legal analysis (Legal Analysis). Based on the research obtained is the concept of abuse of authority in the criminal act of corruption is basically in the law of corruption but the concept presented there is vagueness and lack of clarity of meaning, so it needs to be explored further in various laws and regulations, in the administrative law of the concept of misuse authority is found, in general. Still in the administrative law further abuse of authority is set forth in the legislation, namely law number 30 of 2014 on government administration. The law states that what is meant by the abuse of authority is a). Beyond authority, b). Mix up the authority, c). Acting arbitrarily. From the concept of abuse of authority is then further comparable with the criminal act of corruption, and then in the core of this research is the concept of abuse of authority in the criminal act of corruption.

 

Keywords: maladministration, corruption

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