PENGGUNAAN DISKRESI OLEH PEJABAT PEMERINTAHAN DALAM KAITANNYA DENGAN KERUGIAN KEUANGAN NEGARA YANG MENGAKIBATKAN TINDAK PIDANA KORUPSI

Abstract

ABSTRACT

The government has the power to intervene in all aspects of life in the society through the authority that they have, and this goes to the extent of sectors that are not accommodated in the law. This condition then causes the government to require the freedom of action upon the initiatives and its wisdom that is later known as the concept of Discretion or pouvoir descretionnaire in Administrative Law. However, the execution of discretion is also vulnerable to abuse of authority and arbitrary tendencies which might cause corruption as stipulated in Article 3 of Corruption Eradication Law. The purpose of discretion is for public interest or the sake of the community therefore should the discretion is done for another purpose other than public interest or the sake of the community, then that said discretion could be qualified as an abuse of authority which might have implications on an act of corruption should there be any evil intent (contains the element of force (dwang) and bribery (omkoperii) and fraud that is deceptive in nature (kuntgrespen) in the government official.

Keywords: discretion, responsibility, corruption