Karya Ilmiah
DISERTASI (0081) - Aspek Hukum Administrasi dalam Tindak Pidana Korupsi
Corruption still occurs in Indonesia, although law enforcement has been
done exxceptionally. If it is carefully observed, the main target of the Law on
Corruption Eradication (UUPTPK) is the civil servant. Civil servants are
governemnt administrators or public administration, and Article 3 of the Law on
Corruption Eradication (UUPTPK) regulates the abuse of power, of opportunities
or of facilities strictly attaching to the officials or civil servants with their
positions which is considered as the concept of administrative law and the Law on
Corruption Eradication (UUPTPK) are closely related to the aspects of
administrative law. It means that Article 3 of the Law on Corruption Eradication
(UUPTPK) is only applicable to the civil servants, but in fact, in practice it is also
applied to the state officials, the administrators, even to corporate officers. The
judges generally do not really understand the concept of administrative law
leading to the improper court decisions not suitable with and not based on the
right concept of administrative law. There are still many crimanal acts of
corruption in Indonesia resulted from poor mental condition of the administrators,
bad, ineffective, and inefficient supervision system, and unimplemented good
governance. To seriously combat the criminal acts of corruptions, four urgent
things are necessarily suggested in the context of law enforcement and clean
governance which is free from collusion, corruption and nepotism: (1) The
definition of public servants in Article 1 paragraph (2) must be returned to the
concept of administrative law, that is the government employees or officials; (2) It
is necessary to define and restrict the application of the abuse of power, of
opportunities or of facilities strictly attaching to the officials or civil servants with
their positions stated in Article 3 of the Law on Corruption Eradication
(UUPTPK); (3) The officials of the law enforcement, especially the judges,
should be given an understanding of administrative law; and (4) To prevent the
occurrence of criminal acts of corruption in Indonesia, good governance should be
soon implemented and monitoring functions can be carried out effectively,
efficiently and consistently.
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