DETAIL JURNAL
SATRIYA NUGRAHA
Vol.8 No.1 Maret 2016
Fakultas Hukum, Universitas PGRI Palangka Raya
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Research on the concept of abuse of authority in the Constitution Corruption in Indonesia, elaborating the issue along with the concept of abuse of authority in court decisions. Elaboration with normative research methods, in the end produce shows that the formulation of the offense in Article 3 of Law PTPK any inconsistency. Location of inconsistency is an element of the 1st offense ("with the intention of enriching themselves, others, or a corporation") formulated in the material, while the 3rd element ("can harm the state finance or economy") formulated formiel. On the basis of this thought, the elements of offense "abusing authority, opportunity, or means at its disposal because position/his post". As a solution, presumably with a given trait in haeren between the concept of "unlawful" with the concept of "abuse of authority" and in the practice of evidence of abuse of authority is a difficult thing, because to assess the abuse of authority related to the factual, it is advisable to Article 3 of Law No. 31 Year 1999 jo. Law No. 20 of 2001 removed only. The other reason is: the element of unlawfulness in Article 2 of Law No. 31 Year 1999 jo. Law No. 20 of 2001 has been able to accommodate elements of "abuse of authority", because "abuse of authority" is a "species" of the "genus" of the element "unlawful”.
Keywords: abuse, authority, corruption, inconsistency
