RESPONSIBILITY FOR COMPENSATION RESULTING FROM ABUSE OF AUTHORITY BY STATE CIVIL APPARATUS

Authors

  • Triyadi Rizki Budiman Master of Laws at Langlangbuana University
  • Imas Rosidawati Wiradirja Master of Laws at Langlangbuana University
  • Juli Asril Master of Laws at Langlangbuana University

Abstract

Abuse of authority by State Civil Apparatus is often carried out on the grounds that they are focused on personal interests. This research aims to determine the responsibility of the State Civil Apparatus for abuse of authority or misuse of power which causes state financial losses based on statutory provisions.

The research method used is a normative research method by dissecting, exploring legal sources and exploring literature that is appropriate to the research object. From the research results, it can be seen that state civil servants can be subject to demands for compensation if there are elements of abuse of authority that are not in accordance with their main duties and functions as State Civil Apparatuses. In addition, forms of accountability for State Civil Apparatus who are declared to have misused their authority can be given disciplinary sanctions as a form of accountability for the abuse of authority that has been carried out. Settlement of state losses in the form of claims for compensation is an attempt to resolve through administrative law which does not go through the trial system in court. Accountability for state losses can also be achieved through state administrative courts.

References

A'an Efendi and Freddy Poernomo, Administrative Law , Sinar Graphics, Jakarta, 2017 .

Adrian Sutedi, State Financial Law , Sinar Graphics, Jakarta, 2018.

Aminuddin Ilmar, Governance Law , Kencana, Jakarta, 2016 .

Edmon Makarim, Legal Responsibilities of Electronic System Operators , PT Raja Grafindo Persada, Jakarta, 2010.

Ibnu Subiyanto, 2011 , State Financial Losses VS State Losses in Regional State Financial Management: Law on State Losses and the Financial Audit Agency , Yogyakarta, Kanisius.

Jawade Hafidz Arsyad, Corruption in the Perspective of HAN ( State Administrative Law ) , Jakarta, Sinar Grafiti , 2013.

Peter Mahmud Marzuki, Legal Theory , Kencana, Jakarta, 2020

Ridwan HR, State Administrative Law , Raja Grafindo Persada, Jakarta, 2010.

Siti Soetami, Public Service Reform , Alumni, Bandung, 2007

Desmon. T. (2024). Criminal Acts of Misuse of Personal Data in Indonesian Cyber Law . Indonesian Scientific Journal p–ISSN: 2541-0849 e-ISSN: 2548-1398 Vol. 9, no. 2, February 2024

Please, Nurmalita Ayuningtyas. "Revitalizing the Management of State Civil Apparatus through Dismissal without Respect for Civil Servants Involved in Corruption Crimes." Legal Panorama Journal 3, no. 2 (2023): 155-170

Downloads

Published

2024-02-29

How to Cite

Budiman, T. R., Wiradirja, I. R., & Asril, J. (2024). RESPONSIBILITY FOR COMPENSATION RESULTING FROM ABUSE OF AUTHORITY BY STATE CIVIL APPARATUS. International Journal of Asia Pasific Collaboration, 2(2), 13–18. Retrieved from http://ijapcollaboration.com/index.php/IJAPC/article/view/35

Most read articles by the same author(s)