JURNAL : THE IMPLEMENTATION OF ULTIMUM REMEDIUM PRINCIPLE IN HANDLING ABUSE OF AUTHORITY FOR OPTIMIZING RETURNS OF FINANCIAL STATE LOSSES

ATMA, DR. ATMA SUGANDA SH., M.HUM JURNAL : THE IMPLEMENTATION OF ULTIMUM REMEDIUM PRINCIPLE IN HANDLING ABUSE OF AUTHORITY FOR OPTIMIZING RETURNS OF FINANCIAL STATE LOSSES. UII. pp. 1-12.

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Abstract

State financial losses (assets) are an important component or element of abuse of power. Legal practice shows that elements of state losses tend to be attached to criminal acts of corruption in the context of law enforcement or law enforcement accompanied by sanctions for recovering state financial losses. The execution stage of decisions on criminal cases with additional sanctions for recovering state financial losses, often encounters several obstacles, so that the return of state assets is not optimal. In the functionalization between fields of law, the standard principle applies that criminal law is used as the last alternative in solving cases (ultimum remedium). In fact, there are other areas of law, apart from criminal law, that can be used in resolving cases of abuse of authority, namely state administrative law. The latest developments in state administrative law in Indonesia are marked by the issuance of Law Number 30 of 2014 concerning Government Administration. A legal reform that gives birth to new norms that can assist in better legal settlement. The main question is how the legal aspects of state administration can be an option for settling cases of abuse of authority, before the use of criminal law, in optimizing the return of state assets or losses. The discussion was carried out on secondary data in the form of legal materials, therefore methodologically including normative legal research with a statutory approach and descriptive-qualitative in nature. There is an alternative pattern of recovering state losses as a result of the abuse of authority through state administrative law. There has been a development in resolving the abuse of power that has shifted from criminal law to state administrative law. In the context of preventing the crime of corruption, priority should be pushed to be more in the realm of state administrative law

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	PASCA SARJANA > S3-Ilmu Hukum
Depositing User:	Mrs irene rene
Date Deposited:	12 Sep 2021 13:58
Last Modified:	12 Sep 2021 13:58
URI:	http://repo.jayabaya.ac.id/id/eprint/1165

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