ABUSE OF AUTHORITY THAT CAUSES STATE FINANCIAL LOSS AND ABSOLUTE COMPETENCE TO JUDGE BY THE STATE ADMINISTRATIVE JURISDICTION
Kamarullah
Faculty of Law, Universitas Tanjungpura, Pontianak, West Kalimantan, Indonesia
ORCID:0009-0009-1723-8828
ABSTRACT
This study addresses the issue of “Abuse of authority leading to state financial losses and the absolute jurisdiction of the State Administrative Court in making judgments.” The research employed a normative approach, also known as library research, with primary legal sources comprising relevant laws and regulations, secondary legal sources consisting of literature on State Administrative Law, State Administrative Court Procedures, and Criminal Law, and tertiary legal materials related to the research problem. The research findings revealed that Law Number 30 of 2014 concerning Government Administration has expanded the State Administrative Court’s absolute jurisdiction. This jurisdiction is utilized to assess whether government officials’ decisions or actions that result in state financial losses involve an abuse of authority. The examination focuses on the subjects of the application, which are government agencies or officials, and the objects of the application, namely the decisions and/or actions of government officials. This testing process is subject to certain limitations, such as occurring after APIP supervision results and before any criminal proceedings. The legal consequence of a State Administrative Court decision stating that government officials’ decisions or actions involve an abuse of authority is that these cases may proceed to the criminal process, provided that malicious intent can be proven. Conversely, if the State Administrative Court’s decision concludes that there is no element of abuse of authority in the decisions or actions of government officials, they cannot be further pursued in the criminal process since they do not meet the core offense criteria outlined in Article 3 of the Corruption Law.
Keywords: Abuse of authority; Absolute Competence; State Administrative Court; Legal Implications