EXAMINATION OF THE ELEMENTS OF ABUSE OF AUTHORITY IN THE STATE ADMINISTRATIVE COURT ABOUT THE CRIME OF CORRUPTION

Abstract

The problems discussed in this paper are (1) How is the Testing of the Elements of Abuse of Authority in the Administrative Court about the Crime of Corruption? (2) How is the Evidentiary Power of the Elements of Abuse of Authority in the State Administrative Court as Proof of the Elements of Abuse of Authority in the Crime of Corruption? Purpose and Benefits of Research a To find out the testing of the elements of abuse of authority in the state administrative court about the crime of corruption. b, To find out the evidentiary power of the elements of abuse of authority in the state administrative court as proof of the elements of abuse of authority in the crime of corruption. Testing Abuse of authority is an absolute matter in determining the crime of corruption and results in State Financial or State Economic Losses. The crime of corruption referred to in this case is Article 3 of the Corruption Eradication Law, which is related to Public or Government Officials or State Administrators, especially in terms of the use of state finances. The enactment of Law No. 30 of 2014 concerning Government Administration has brought fundamental changes in government administration both substantially and procedurally in the use of authority by government officials, where every policy made by public officials if there are indications of abuse of authority and harm to state finances or the state economy, does not have to be brought directly into the realm of corruption through the corruption court, but must first be tested for aspects of abuse of authority and state losses, even if the element of state losses is carried out by the Supreme Audit Agency (BPK). This research is descriptive, analytical, or normative with a statutory approach and a conceptual approach. Testing the elements of abuse of authority through the State Administrative Court is an absolute thing to determine whether or not there is an abuse of authority committed by a state administrative body or official in the event of an alleged Corruption Crime for the use of such authority, by the provisions in Supreme Court Regulation No. 4 of 2015 concerning Procedural Guidelines in the Assessment of the Elements of Abuse of Authority, testing the Assessment of the Elements of Abuse of Authority is carried out before the commencement of the criminal process. The strength of testing the elements of abuse of authority is an evidentiary power for investigators to suspect that there has indeed been an act of corruption if it is proven that there has been an abuse of authority and inversely proportional if the abuse of authority does not exist, then it becomes a defense for state administrative officials suspected of committing the crime of corruption in exercising their authority even though the state loss is real, it could be caused by technical matters or studies that are lacking in the context of the procurement of goods and services by the government.