Harmonization in Determining Actions of State Civil Services (Asn) Who Qualify as Maladministration with Criminal Acts of Corruption

DOI

10.2991/978-2-38476-024-4_52How to use a DOI?

Keywords

Corruption; Crime; Maladministration

Abstract

This paper aims to determine the boundaries between the actions of the agency or the State Civil Apparatus (ASN) or government officials (bestuurhandelingen) that harm state finances of quality as maladministration or constitute a criminal act of corruption. Constitutional Court Decision No. 25/PUU-XIV/2016 confirms the limits of administrative and criminal liability, as referred to in the Government Administration Act (UUAP) and other legislative policies. Efforts to eradicate corruption with a repressive approach tend to deny the means of administrative law in preventing the occurrence of criminal acts of corruption, which from the point of view of administrative law is a form of maladministration. This decision of the Constitutional Court needs to be followed up in future legislative policies, in order to better regulate the relationship between: (1) Harmonization of understanding of state finances; (2) Harmonization between the return of state losses in criminal law and administrative law; (2) Harmonization of Institutions Between Internal and External Supervisors; (3) Synchronization of legal efforts as referred to in Article 35 PP. No. 48/2016.

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  - Sunarto
AU  - Rini Retno Winarni
PY  - 2023
DA  - 2023/04/19
TI  - Harmonization in Determining Actions of State Civil Services (Asn) Who Qualify as Maladministration with Criminal Acts of Corruption
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 525
EP  - 536
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_52
DO  - 10.2991/978-2-38476-024-4_52
ID  - 2023
ER  -