Return of Damage to the Country in the Use of Weapons to Create a Good Government

DOI

10.2991/978-2-38476-110-4_39How to use a DOI?

Keywords

Recovering State Losses; Abuse of Authority; Good Governance

Abstract

This study aims to examine the arrangements for recovering state losses due to abuse of authority and to logically analyze the concept of abuse of authority for recovering state losses due to government actions. This study uses a normative juridical method that examines theoretical matters: principles, conceptions, legal doctrines and the content of legal rules relating to the recovery of state losses due to abuse of authority in realizing good governance. The research approach used is a conceptual approach, statutory approach and historical approach. The results of the study show that in Article 3 letter c of Law Number 30 of 2014 it is stated that the purpose of this law was to prevent abuse of authority. That means that this law expressly prohibits all forms of abuse of authority. Law Number 30 of 2014, does not provide an explicit explanation of abuse of authority, but provides a form of prohibition of abuse of authority as stated in Article 17 of Law Number 30 of 2014. 2014 concerning Government Administration Refunds for State/Regional losses to treasurers are determined by the BPK (Financial Audit Agency), while returns for State/Regional losses to non-treasurer civil servants are determined by Ministers/Heads of Institutions/Governors/Regents/Mayors. In Article 35 paragraph (1) of Law Number 17 of 2003 concerning State Finances that every State official and non-treasurer civil servant who violates the law or neglects his obligations either directly or indirectly which harms the State is required to compensate for the loss.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Fitria
AU  - Sukamto Satoyo
AU  - Helmi
PY  - 2023
DA  - 2023/11/07
TI  - Return of Damage to the Country in the Use of Weapons to Create a Good Government
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 373
EP  - 382
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_39
DO  - 10.2991/978-2-38476-110-4_39
ID  - 2023
ER  -