The case of alleged abuse of authority has returned to the public\nspotlight following debate over the possible application of criminal\nprovisions against former Jampidsus, Febrie Adriansyah. This emerged\nduring a public discussion titled \u2018Abuse of Authority, Criminal Offence\nin Office, and Aggravation of Penalties: Will It Be Applied to Former\nJampidsus Febrie Adriansyah?\u2019<\/p>\n
Constitutional Law Professor at UPN Veteran Jakarta, Taufiqurrahman,\nstated that alleged abuse of authority cannot automatically be qualified\nas a criminal offence. \u2018The application of criminal law must be based on\nthe fulfilment of all elements of the offence as stipulated in\nlegislation, not merely because of perception or public opinion\npressure,\u2019 he said on Wednesday, 22 July 2026.<\/p>\n
He explained that there is still a widespread assumption in society\nthat equates every official\u2019s mistake with a corruption offence. He\nnoted that abuse of authority can fall within the realm of\nadministrative law, criminal law of office, or corruption offences, each\nof which has different regulatory objects, objectives, and legal\nconsequences.<\/p>\n
Taufiqurrahman stated that Law Number 30 of 2014 on Government\nAdministration regulates that abuse of authority can take the form of\nexceeding authority, mixing authority, or acting arbitrarily. In\nprinciple, such violations fall within the realm of administrative law\nand are subject to administrative sanctions.<\/p>\n
However, according to him, abuse of authority can transition into a\ncriminal offence if it is carried out to benefit oneself, others, or a\ncorporation and results in state financial losses. \u2018Under such\nconditions, the act potentially fulfils the elements of Article 3 of the\nCorruption Eradication Law,\u2019 he said.<\/p>\n
Therefore, Taufiqurrahman assessed that the application of criminal\nprovisions against an individual, including in the case currently under\npublic scrutiny involving former Jampidsus Febrie Adriansyah, cannot be\ndetermined solely based on an allegation of abuse of authority. He\nemphasised that law enforcement must be based on a process of proof\ndemonstrating the fulfilment of all elements of a criminal offence as\nregulated by law. \u2018The principle of the rule of law requires that every\ncase be decided based on evidence and legal provisions, not on\nassumptions or public opinion pressure,\u2019 he stated.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/expert-assesses-former-jampidsus-case-potentially-fulfils-corruption-offence-elements-1784688715", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }