Depenalization Elements of Abuse of Power From Corruption Delict

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).