Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia

Research Article

The Convergence of State Administrative Law and Criminal Law in Prevention of Criminal Act of Corruption that is Detrimental to the State Finances in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.8-6-2021.2314426,
        author={Muhammad Azil Maskur and Rasdi  Rasdi and Ratih  Damayanti and Eta Yuni Lestari},
        title={The Convergence of State Administrative Law and Criminal Law in Prevention of Criminal Act of Corruption that is Detrimental to the State Finances in Indonesia},
        proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2022},
        month={2},
        keywords={criminal act of corruption administrative law state finance},
        doi={10.4108/eai.8-6-2021.2314426}
    }
    
  • Muhammad Azil Maskur
    Rasdi Rasdi
    Ratih Damayanti
    Eta Yuni Lestari
    Year: 2022
    The Convergence of State Administrative Law and Criminal Law in Prevention of Criminal Act of Corruption that is Detrimental to the State Finances in Indonesia
    ICILS
    EAI
    DOI: 10.4108/eai.8-6-2021.2314426
Muhammad Azil Maskur1,*, Rasdi Rasdi2, Ratih Damayanti1, Eta Yuni Lestari3
  • 1: Faculty of Law, Universitas Negeri Semarang
  • 2: Faculty of Law, Universitas Negeri Semarang, Indonesia
  • 3: Universitas Negeri Semarang, Indonesia
*Contact email: azilmaskur85@mail.unnes.ac.id

Abstract

The convergence between criminal law and state administration law in the settlement of state officials who harm the state finances or the state's economy is very closely. On the one hand, the Law Number 31 of 1999 Jo. Law Number 20 of 2001 on the Eradication of the Criminal Act of Corruption has stipulated that the State Officials’ actions that harm the state finances, which benefit themselves and other people against the law are criminal acts. Consequently, many state officials are hesitant to take policies as they are concerned about being trapped in Criminal Act of Corruption.Therefore, prevention of the criminal act of corruption detrimental to the state's finances or economy and carried out by state administrative officials must be conducted through two approaches i.e., state administration law or criminal law. The ideal model of prevention policy of the Criminal Act of Corruption that is detrimental to state finances and/or economy is to make changes by distinguishing mistakes of criminal offenses explicitly in Article 2 and Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 on Eradication of the Criminal Act of Corruption.