Law and Regulation. 200,000,000.00 ($ 14,000,00) minimum and Rp. In its first conception, “abuse of authority” is a legal term of art used within the employment context to denote the improper use of position, power or authority to influence the employment or career of another person. Criminal sanctions are penalties or punishment used to provide incentives for obedience with the law, or with rules and regulations. Abuse of public trust, aka self-dealing, if the value of the benefit is $25,000 or more. § 5-52-107. The Handling of Abuse of Authority by Criminal Law. Under the provisions of Article 1 section3 of Law no. Public official means any executive, official, or employee of a Governmental Authority, political party or member of a political party, political candidate; executive, employee or officer of a public international organization; or director, officer or employee or agent of a wholly owned or partially state-owned or controlled enterprise, including a PRC state-owned or controlled enterprise. 2. Government of Canada, Public Service Employment Act, at http://laws-lois.justice.gc.ca/eng/acts/p-33.01/FullText.html, accessed 12 January 2016. §§ 45-5-6, 45-5-6.1). In an attempt to remedy this situation, Law No. Because the financial loss/damage has been returned or restored does not mean that corruption did not take place. The constitution of the republic of Indonesia. Public Service Commission of Canada, Public Service Commission Glossary, at http://www.psc-cfp.gc.ca/abt-aps/gls/index-eng.htm, accessed 12 January 2016. Worldwide complaints are heard about politicians and public officials who accept bribes and enrich themselves privately at the expense of the common citizen. Definitions of public official and public authority . Emler, N., & Cook, T. (2001). Canadian Abridgement Words & Phrases, Abuse of Authority, accessed 12 January 2016. ... today there still exists in the South--and in certain areas of the North--the license that our society allows to unjust officials who implement their authority in the name of justice to practice injustice against minorities. State administrative law and corruption crimes. 31 on corruption eradication. The prohibition of abuse of authority is classified into three forms, namely: (1) prohibition beyond Authority; (2) prohibition of confusing Authority; (3) the prohibition of ill-treatment. In exchange for this protection, we permit these public servants to exercise authority and at times great power. 31/1999 on the Eradication of Corruption as amended by Law No. 170), abuse of authority or misuse of an official position (that is, an intentional use by the public officer of his official position contrary to the interests of the public) is a crime if it was committed for mercenary or other personal interests and caused a substantial damage to the state or public interests or to the legally protected rights and interests of … Many criminal lawyers and scholars consider this as one of the weakening points of the fight against corruption in Indonesia as they believe that the enactment of Law No. In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: 25 CFR § 11.448 - Abuse of office. public official and employee and are hereby declared to be unlawful: (a) Financial and material interest. Power and perspectives not taken. 31/1999 on the Eradication of Corruption considers the violation the law by committing an act that enriches oneself or another person or a corporation that can harm the state's finance or the country's economy as a corruption (Law and Regulation, 1999). (1999). Every state administrator must first be bound by a legitimate authority under the laws and regulations prior to carrying out his/her duties. Jogjakarta: Gajahmada University Press. Because the error is administrative does not mean it is not criminal. Maladministration is provided for by the law on government administration, which stipulates that a government official is prohibited from misusing their authority in performing their duties. A government official’s act is deemed illegitimate if it is not attributed, delegated, or mandated (Philipus, 2011). Abuse of authority that leads to the misuse of public funds is referred to as an act of corruption in the Law No. Ridwan (2011) argues that attribution is the granting of government authority to the organ of government by the legislator, while delegation is the transfer of government authority from one government organ to another. Police in Lusaka have arrested Registrar of Pensions and Insurance Authority (PIA) Christopher Mapani, Deputy Registrar Insurance Titus Nkhwale and Manager Compliance and Insurance, Nicholas Mbuya on two counts of Abuse of Authority of Office, Zambia Police Public Relations Officer Esther Katongo has confirmed. Black, H.C. (1990). Abuse of power causing serious loss of public funds should be punished by criminal sanctions, not administrative sanctions. Nugraha, S. (2007). Disciplinary Authority. As pointed out earlier, in the year 2013 alone, there were at least 290 Heads of the region (Governors, Regents, and Mayors) involved in corruption scandals by abusing their powers in dispensing public services to the people.12. Law N30/2014 is wrong when it spares corrupt government officials from criminal court prosecutions on the ground that the financial loss suffered by the state be returned or restored by the alleged offender. Law no. (1990). Law no. For example, the Canadian Public Service Employment Act provides individuals with recourse to a complaints process should they not be appointed to various public service positions, on the basis of the improper exercise of appointment authority provided to the Public Service Commission. Abuse of authority in state administrative law can be interpreted in 3 forms i.e., the misuse of authority to perform acts contrary to the public's interest, the misuse of authority in the sense that the official's actions are rightly intended for the public interest, but deviates from the purpose of the authority granted by law or other regulations, the misuse of authority in the sense of abusing procedures that … Corrupt public officials sometimes appropriate goods, take advantage of services to which they are not entitled, or even steal funds outright. Isra, S., Amsari, F.Y., & Hilaire, T. (2017). But in practice, both procedures differ from one another. The Philippine Alliance of Human Rights Advocates (PAHRA) is gravely alarmed by the recent announcement of PRESIDENT Rodrigo Duterte appointing former Masiu, Lanao del Sur mayor Nasser Pangandaman Jr. as a new member of the Human Rights Victims’ Claim’s Board (HRVCB) without apparent vacancy of … The abuse and misuse of power or authority in the course of performing work can occur both with external stakeholders and internally among staff. The officials who are taking the form of petty tyrants believe they have power because they were elected to public office. Law No. 39.01. Jakarta: PT Raja Grafindo Persada. ABUSE OF OFFICE. The law goes further to say that any person in the attempt to enrich themselves or another person or a corporation, misusing the authority, opportunity or means available to them because due to their position harms the state's finances or the country's economy is guilty of corruption and shall receive similar sentenced as mentioned above (Law and Regulation, 1999). 30/2014 was enacted not only to bring about good governance by making sure that government officials do not abuse their authority in carrying out their duties but also to solve problems within the administration, and to provide legal protection for both the citizens. SEC. As argued at the outset of this paper, according to the Indonesian Criminal Law, corruption is a serious criminal offense punishable under Law No. An article 5 section 2 of this law says that there is corruption within the administration when civil servants or state administrators receive gifts or money in exchange for their actions or inactions which are not only contrary to their duties and obligations but also to the law. “Power tends to corrupt, and absolute power corrupts absolutely. ... An employee engaging in fundraising in his personal capacity is also prohibited from using his official title, position or authority. In this form, abuse of authority indicates the use of political power by government officials for private gain, or to maintain their hold on power. According to the Criminal Code of the RSFSR (art. The term “abuse of authority” is a unique legal term of art used in the context of labour and employment law. With an acceptance rate of 30%, each of the journals of our affiliates is double blind, peer reviewed and some of the journals are listed in SCOPUS, SCIMAGO, Google Scholar, ProQuest, Cengage Gale, LexisNexis and several other academic databases and search engines. DEFINITIONS. (2011). § 5-4-201. They think they are powerful, so they immediately begin to abuse … Hamzah goes on to say that the law on government administration is preventive while the criminal law regime is repressive in the sense of being the last effort in eradicating corruption (Hamzah, 2015). Corruption is the abuse of entrusted power and elected authority for private profit. Corruption within the administration in Indonesia has strongly been criticized since the advent of the Reformation Era or Era Reformasi in 1998. Abuse of Material Witness Statute — In the days and weeks after 9/11, the government gathered and detained many people — mostly Muslims in the US — through the abuse of a narrow federal technicality that permits the arrest and brief detention of "material witnesses," or those who have important information about a crime. Powerful people are prone to take risky, inappropriate, or unethical decisions and often overstep their boundaries (Emler & Cook, 2001). Abuse of the public’s trust; Public officers carry out their duties for the benefit of the public as a whole. Espring, G.A. Abuse of power or authority. The increase of the role and authority of state administration means an increase in the responsibility of government officials in carrying out their duties. Similarly, every decision or act of an official must be based on a legitimate authority emanating from a lawful institution of the government. Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. This creates opportunities for deviations and dysfunction in the administration. It is as if there is a dualism of application of sanctions: criminal sanctions and administrative sanctions. Abuse of Authority in the Workplace. Public authority, according to Nugraha (2007), has two main characteristics: (1) Every decision made by government officials has binding power to all members of society; (2) Any decisions made by government officials have a public function (Nugraha, 2007). Criminal sanctions can be in the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines (Black, 1990). The authority and role of the state administration are increasingly widespread and complex if viewed from the legal and historical perspective. The second sub-type of this conception of “abuse of authority” includes activities aimed at the preservation and extension of political power through the use of resources extracted by a government official’s legislated authority. 3 quotes have been tagged as abuse-of-public-authority: Mick Karabegovic: ‘Responsible parenting is NOT a crime. The attempt to fight corruption has also been backed by the passing of Law No. As a contradiction to Law 30/2014 on Government Administration which says that there is no corruption if the loss or damage suffered by the state has been returned, Law No. There has been an increase in the number of abuse of authority cases involving corrupt government officials in various courts throughout Indonesia in recent years. 30 on government administration. (b) … Guntur Hamzah argues that the government administration law aims to provide legal protection to both government officials and the public. Bad ... public they serve, who are victims of the “bad” cop. Authority makes individuals more responsive to changes within a group and its environment (Keltner et al., 2008). Since there are two courts vested with the power to decide such a case (administrative court and criminal court), there would be two different outcomes. Some sources suggest that the concept of “abuse of authority” differs from the concept of “abuse of power.” It is notable that these distinctions may be merely academic with little practical distinction – for example, in Canadian tort law, “abuse of power” and “abuse of authority” are both often used to denote the tort of misfeasance in public office, which may give rise to a claim in damages. 5/2004 on Steps and Concrete Programs to Accelerate the Eradication of Corruption, the Presidential Decree No. MTJ-09-1729, January 20, 2009, the Philippine Supreme Court found the respondent Judge Maria Clarita Casuga-Tabin, Municipal Trial Court in Cities, Branch 4, Baguio City, guilty of abuse of authority for which she was fined in the sum of P10,000.00. The three world of welfare capitalism. Both laws appear to be contradicting and incoherent in the imposition of sanctions related to abuse of authority resulting in financial losses of the state. 30/2014 seems too lenient on corrupt government officials. 20/2001 on the Amendments to Law No. Law and Regulation. TITLE 8. Power tends to weaken one's social attentiveness, which leads to difficulty understanding other people's point of view and interest (Galinsky, 2006). Sec. In so prescribing, this law seems to be promoting the very disease it was supposed to cure. Obstruction of justice in the effort to eradicate corruption in Indonesia. Image: Author’s design, using elements from ClipShrine.com, http://www.clipshrine.com/old-man-silhouette-13780-medium.html, accessed 12 January 2016 and Silhouette Graphics, http://www.silhouettegraphics.net/stylish-man-silhouette-graphics/, accessed 12 January 2016. http://definitions.uslegal.com/p/political-corruption/, http://laws-lois.justice.gc.ca/eng/acts/p-33.01/FullText.html, http://www.lawsonlundell.com/media/news/181_ClaimsforMisfeasance.pdf, http://www.psc-cfp.gc.ca/abt-aps/gls/index-eng.htm, http://www.un.org/womenwatch/osagi/UN_system_policies/(UNDP)Policy_on_Workplace_Harassment_and_Abuse_of_Authority.pdf, http://www.clipshrine.com/old-man-silhouette-13780-medium.html, http://www.silhouettegraphics.net/stylish-man-silhouette-graphics/. Abuse of Power: Improper use of authority by someone who has that authority because he or she holds a public office. Enforcement of criminal sanctions, on the other hand, must first be done through the judicial process leading to a court decision (Philipus, 2011). 30/2014 on Government Administration defines abuse of authority as the use of authority by government institutions or officials in making decisions exceeding their authority or acting arbitrarily and against the law for their own interests. 20/2001 on the Amendments to Law No. The same law on government administration also stipulates that either criminal sanctions or administrative sanctions can apply to such conduct after an investigation by Government Internal Supervisory Apparatus. This is the point where lies the contradiction between administrative sanctions and criminal sanctions with regard to the prosecution and punishment of corrupt government officials. Hamzah, G. (2015). Activities under this sub-type include extraction, embezzlement, rent-seeking behaviour, plunder and kleptocracy. It provides standard guidelines for decision making and action and builds mutual communication between citizens and government officials in bureaucratic reforms (Hamzah, 2015). Class B felonies are punishable by a fine not to exceed $15,000. There are generally two sub-types of this conception of the abuse of authority. Code Ann. In this form, abuse of authority indicates the use of political power by government officials for private gain, or to maintain their hold on power. Psychological Science, 17(1), 1068-1074. In Indonesia, corruption takes place within almost all domains of power and at all levels of government both in the Central / Regional Government (Isra et al., 2017). Allied Business Academies publishing a total of 14 different journals in various fields of business. 30/2014 on Government Administration, as mentioned earlier. Anyone, who, without lawful excuse, fails to appear upon summons issued under authority of the preceding paragraph or who, appearing before the Investigating Authority exercising the power therein defined, refuses to make oath, give testimony, or produce documents for inspection, when lawfully required, shall be subject to discipline as in case of contempt of court and, upon application by the … In its second and broader conception, “abuse of authority” may mean political corruption more generally – that is, the use by government officials of otherwise legitimate legislated powers for private gain. After such an analysis, the paper then carries on to discuss the controversy between administrative and criminal sanctions with regards to the prosecution and punishment of an abuse of authority involving corruption within the administration in Indonesia. 7 years the misuse of power causing serious loss of public funds referred. 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