Implications of Ptun Authority in Testing the Elements of Abuse Authority of Corruption Criminal Enforcement Activities

Abstract

This research is based on the reality of low absorption of government agencies / institutions by government officials. Government Officials feel afraid if the decisions and / or actions issued lead to abuse of authority which has implications for corruption. The passing of Law No. 30 of 2014 concerning Administration Government has opened a new way of testing the abuse of authority which is typical of the concept of administrative law in the State Administrative Court. This law is also a means of legal protection for Government Officials. However, since this law was passed government officials are still afraid of using the budget in their institutions and there are still many government officials affected by corruption cases because of abuse of authority. This research includes normative legal research which is also often referred to as doctrinal research with the object or target of research in the form of legislation and other legal materials. Based on this research, it is known that the authority of PTUN in testing the abuse of authority has implications in the process of law enforcement for criminal acts of corruption. In enforcement of corruption, superiors of Government Officials, APIP, and Law Enforcement Officials (APH) must coordinate with each other in carrying out supervisory and enforcement tasks. law to government officials so that no case "race" occurs. If the decision of the PTUN states that there is no element of abuse of authority, the Government Official cannot be prosecuted either administratively, civilly or criminally. Conversely, if the PTUN ruling states that there is an element of abuse of authority, then the Government Official must recover the state financial losses, and the normative refund of the state financial loss cannot guarantee that the Government Official will avoid the process of enforcing criminal acts of corruption.