Legal Uncertainty in Disharmony Phrase Abuse of Authority in Legislation in Indonesia

DOI

10.2991/assehr.k.220501.003How to use a DOI?

Keywords

Authority; Legal Uncertainty; Disharmony Phrase; Indonesia

Abstract

This article.is purposeful. for. Discussing legal uncertainty in the occurrence of disharmony phrase abuse of authority in legislation in Indonesia, namely Law No. 30 of 2014 concerning Government Administration and Law No. 20 of 2001 concerning Amendments to Law No. 39 of 1999 concerning Eradication of Corruption. The research method used is normative juridical with a statutory approach. The result of the discussion is that in the view of HAN (State Administrative Law), abuse of authority can occur if a government body / official has used its authority not as it should be, so that for his actions there can be deviations from the intended purpose. Viewed from the point of view of criminal law, abuse of authority has an unlawful nature both militarily and materially. The nature of the law as the parent act and the nature of abuse of authority as its derivative. The impact of the difference in phrases from the two regulations causes disharmony, resulting in several gaps in harmonization in the traceability, determination, and synchronicity of the law.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Rina Nur Widyastuti
AU  - Nuria Siswi Enggarani
AU  - Nunik Nurhayati
PY  - 2022
DA  - 2022/05/09
TI  - Legal Uncertainty in Disharmony Phrase Abuse of Authority in Legislation in Indonesia
BT  - Proceedings of the International Conference on Community Empowerment and Engagement (ICCEE 2021)
PB  - Atlantis Press
SP  - 19
EP  - 24
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220501.003
DO  - 10.2991/assehr.k.220501.003
ID  - Widyastuti2022
ER  -