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Expert Assesses Former Jampidsus Case Potentially Fulfils Corruption Offence Elements

| Source: VIVA Translated from Indonesian | Legal
Expert Assesses Former Jampidsus Case Potentially Fulfils Corruption Offence Elements
Image: VIVA

The case of alleged abuse of authority has returned to the public spotlight following debate over the possible application of criminal provisions against former Jampidsus, Febrie Adriansyah. This emerged during a public discussion titled ‘Abuse of Authority, Criminal Offence in Office, and Aggravation of Penalties: Will It Be Applied to Former Jampidsus Febrie Adriansyah?’

Constitutional Law Professor at UPN Veteran Jakarta, Taufiqurrahman, stated that alleged abuse of authority cannot automatically be qualified as a criminal offence. ‘The application of criminal law must be based on the fulfilment of all elements of the offence as stipulated in legislation, not merely because of perception or public opinion pressure,’ he said on Wednesday, 22 July 2026.

He explained that there is still a widespread assumption in society that equates every official’s mistake with a corruption offence. He noted that abuse of authority can fall within the realm of administrative law, criminal law of office, or corruption offences, each of which has different regulatory objects, objectives, and legal consequences.

Taufiqurrahman stated that Law Number 30 of 2014 on Government Administration regulates that abuse of authority can take the form of exceeding authority, mixing authority, or acting arbitrarily. In principle, such violations fall within the realm of administrative law and are subject to administrative sanctions.

However, according to him, abuse of authority can transition into a criminal offence if it is carried out to benefit oneself, others, or a corporation and results in state financial losses. ‘Under such conditions, the act potentially fulfils the elements of Article 3 of the Corruption Eradication Law,’ he said.

Therefore, Taufiqurrahman assessed that the application of criminal provisions against an individual, including in the case currently under public scrutiny involving former Jampidsus Febrie Adriansyah, cannot be determined solely based on an allegation of abuse of authority. He emphasised that law enforcement must be based on a process of proof demonstrating the fulfilment of all elements of a criminal offence as regulated by law. ‘The principle of the rule of law requires that every case be decided based on evidence and legal provisions, not on assumptions or public opinion pressure,’ he stated.

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