Public authority, according to Nugraha (2007), has two main characteristics: (1) Every decision made by government officials has binding power to all members of society; (2) Any decisions made by government officials have a public function (Nugraha, 2007). Abstract Abuse of Authority by Government Officials: Controversy between Administrative and Criminal Sanctions. 30/2014 was enacted not only to bring about good governance by making sure that government officials do not abuse their authority in carrying out their duties but also to solve problems within the administration, and to provide legal protection for both the citizens. Public Service Commission of Canada, Public Service Commission Glossary, at http://www.psc-cfp.gc.ca/abt-aps/gls/index-eng.htm, accessed 12 January 2016. Text book on administrative law. Ark. In an attempt to remedy this situation, Law No. Activities under this sub-type of abuse of authority may include favoritism and patronage politics, and the politically-motivated distribution of financial and material inducements, benefits, etc. Disciplinary Authority. Creative Commons Attribution 4.0 International License. Abuse of power causing serious loss of public funds should be punished by criminal sanctions, not administrative sanctions. 31/1999 on the Eradication of Corruption considers the violation the law by committing an act that enriches oneself or another person or a corporation that can harm the state's finance or the country's economy as a corruption (Law and Regulation, 1999). Criminal sanctions can be in the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines (Black, 1990). In Indonesia, corruption takes place within almost all domains of power and at all levels of government both in the Central / Regional Government (Isra et al., 2017). But even proven guilty, the law still maintains that the matter shall be resolved through administrative courts instead of criminal courts. However, despite the enactment of these regulations however, corruption continues its rapid expansion from the highest level of the government all the way down to the lowest level of the Indonesian society (Isra et al., 2017). Ridwan (2011) argues that attribution is the granting of government authority to the organ of government by the legislator, while delegation is the transfer of government authority from one government organ to another. Administrative sanctions are corrective or preventative, and sometimes disciplinary actions taken as part of a response to an incident where policy, procedure, or rule of behaviour has been violated within an administration. Police in Lusaka have arrested Registrar of Pensions and Insurance Authority (PIA) Christopher Mapani, Deputy Registrar Insurance Titus Nkhwale and Manager Compliance and Insurance, Nicholas Mbuya on two counts of Abuse of Authority of Office, Zambia Police Public Relations Officer Esther Katongo has confirmed. Philipus, M.H. Author(s): Tri Hayati This study discusses the issue of abuse of authority within the administration in Indonesia as more pressure is mounting from the public regarding the corrupt behaviours/actions of government officials in carrying out their duties. DEFINITIONS. Powerful people are prone to take risky, inappropriate, or unethical decisions and often overstep their boundaries (Emler & Cook, 2001). The prosecution of corrupt government officials is seen by the public as a success of the Corruption Eradication Commission or Komisi Pemberatasan Korupsi (KPK) in the fight against corruption in Indonesia (Isra et al., 2017). 39.01. The shortcoming of this law lies in the fact that it only treats abuse of authority leading huge state financial losses as a mere administrative error when it should be seen as corruption since it involves the misuse of public funds. In addition to his official position, he may have added power because of his friendship with upper management, his reputation and record, or his willingness to reward or punish underlings. Abuse of office. 30/2014 is at odds with one of the important corruption eradication laws, i.e., Law No.31/1999 on Corruption, which clearly stipulates that if there is a financial loss in the management of public funds as a result of an abuse of authority, then there definitely is an act of corruption. Government of Canada, Public Service Employment Act, at http://laws-lois.justice.gc.ca/eng/acts/p-33.01/FullText.html, accessed 12 January 2016. Criminal sanctions and administrative sanctions are instruments in administrative law enforcement. Black, H.C. (1990). Above all, the principle of formal legality is intended to prevent abuse of authority or maladministration. 20/2001 on the Amendments to Law No. 31/1999 on the Eradication of Corruption. This law goes further to say that abuse of authority is not punishable as an act of corruption provided that the guilty official makes compensational payments for the state financial loss. PENAL CODE. According to the Public Service Commission of Canada, “abuse of authority” is given a particular wide definition (in the federal Canadian context) as “an intentional improper use of a power” under that Act. Government Official and the Issue of Abuse of Authority, According to the Constitution of the Republic of Indonesia (Law and Regulation, 1945), and the Indonesian government system, state affairs are run by (1) the President as Head of State and Government; (2) the ministers; (3) the governors, regents, and mayors. EDITORIAL - Abuse of authority (The Philippine Star) - March 24, 2020 - 12:00am Making good on the government’s threat, law enforcers arrested on Sunday a … In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. A government official’s act is deemed illegitimate if it is not attributed, delegated, or mandated (Philipus, 2011). 20/2001 on the Amendments to Law No. 9/2011 on the Action Plan for the Prevention and Eradication of Corruption, the Presidential Decree No. SEC. State administrative law. Abuse of public office is a serious and complex criminal offence which requires experienced legal advice from the early stages. According to the Indonesian Criminal Law, corruption is a serious criminal offense punishable under Law No. International Journal of Law, Crime and Justice, 53(2), 1-11. According to the Criminal Code of the RSFSR (art. The Handling of Abuse of Authority by Administrative Law. Maladministration is provided for by the law on government administration, which stipulates that a government official is prohibited from misusing their authority in performing their duties. The role of government administration law in government administration. Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. The abuse and misuse of power or authority in the course of performing work can occur both with external stakeholders and internally among staff. Abuse of authority that leads to the misuse of public funds is referred to as an act of corruption in the Law No. on Abuse of Authority ... and other department officials in New York’s 70th Precinct? State administrative law. MTJ-09-1729, January 20, 2009, the Philippine Supreme Court found the respondent Judge Maria Clarita Casuga-Tabin, Municipal Trial Court in Cities, Branch 4, Baguio City, guilty of abuse of authority for which she was fined in the sum of P10,000.00. 25 CFR § 11.448 - Abuse of office. According to this law, perpetrators of such a crime shall be sentenced to life imprisonment or minimum imprisonment of four years and a maximum of twenty years and a fine of at least Rp. Code Ann. Therefore, every government official is always monitored by the government's internal supervisory apparatus in the use of their authority. (1999). Lawson Lundell LLP, Claims for Misfeasance in Public Office: A Brief Summary, at http://www.lawsonlundell.com/media/news/181_ClaimsforMisfeasance.pdf, accessed 12 January 2016. Since there are two courts vested with the power to decide such a case (administrative court and criminal court), there would be two different outcomes. Because the error is administrative does not mean it is not criminal. 31/1999 on the Eradication of Corruption as amended by Law No. 30/2014 on Government Administration, as mentioned earlier. In fact, should the public suspect abuse of authority, this law allows citizens to file a complaint petition to the administration within which the abuse of authority allegedly occurred (Law and Regulation, 2014). Ridwan claims that a mandate is when the organ of government allows its authority to be run by another organ on its behalf (Ridwan, 2011). Canadian Courts have taken a similarly broad approach, holding that improper conduct, omissions, errors, bad faith, personal favoritism and a reasonable apprehension of bias may all, in some cases, give rise to “abuse of authority” claims under the Public Service Employment Act. Law No. Allied Business Academies publishing a total of 14 different journals in various fields of business. Abuse of Authority in the Workplace. After such an analysis, the paper then carries on to discuss the controversy between administrative and criminal sanctions with regards to the prosecution and punishment of an abuse of authority involving corruption within the administration in Indonesia. Ridwan, H.R. Example 2: An employee of the Department of Commerce was asked by a friend to determine why his firm's export license had not yet been granted by another office within the Department of Commerce . The first involves the accumulation and extraction of private gain through the instruments of authority. As argued at the outset of this paper, according to the Indonesian Criminal Law, corruption is a serious criminal offense punishable under Law No. This adds more complexity to the fight against corruption, a crime that is already hard to deal with in Indonesia. Abuse of Authority, Government Officials, Government Administration, Administrative Sanctions, and Criminal Sanctions. In addition to the law on the eradication of corruption, abuse of authority involving corruption is also regulated in Article 209 of the Indonesia Penal Code. Use of Official Title. This law goes on to say that if the loss/damage suffered by the state is restored by the accused government official, then the act may not be deemed as corruption. 30/2014 on Government Administration. It is as if there is a dualism of application of sanctions: criminal sanctions and administrative sanctions. There is no worse heresy than that the office sanctifies the holder of it”, as Lord Acton puts it. Lacking power impairs executive functions. The increase of the role and authority of state administration means an increase in the responsibility of government officials in carrying out their duties. 30/2014 on Government Administration, which adds more polemic to the already complex war on corruption in Indonesia by prescribing that a loss of state finance as the result of alleged abuse of authority does not necessarily imply corruption. Privacy Policy. OFFENSES AGAINST PUBLIC ADMINISTRATION. The term “abuse of authority” is a unique legal term of art used in the context of labour and employment law. The second sub-type of this conception of “abuse of authority” includes activities aimed at the preservation and extension of political power through the use of resources extracted by a government official’s legislated authority. West Publishing. State administration is responsible for the regulation and implementation of almost every activity and program of the state, which, sometimes, leads to high bureaucratization and overwhelming regulations (Espring, 1990). The effects can be damaging to morale and to working relationships. Similarly, every decision or act of an official must be based on a legitimate authority emanating from a lawful institution of the government. § 5-52-107. 1,000,000,000.00 ($70,000,00) maximum. Maurice Duverger argues that the tasks of state administrative organs are not only limited to enforcing the law but also and more importantly to serve and protect the public's interest, which forces them to actively participate in social interaction so as to guarantee the Indonesian people's happiness and well-being. Class B felonies are punishable by a fine not to exceed $15,000. London, United KingdomWC1A 2SE, © 2002-2020 Allied Business Academies. In other terms, an abuse of authority is punishable as an act of corruption if the offender fails to rectify/restore the wrongdoing. These measures include the Presidential Decree No. Corruption is the abuse of entrusted power and elected authority for private profit. 31/1999 on the Eradication of Corruption as amended by Law No. This creates opportunities for deviations and dysfunction in the administration. The constitution of the republic of Indonesia. Thus, the source of government authority is in the legislation. 30/2014 on Government Administration was enacted which prescribes that abuse of authority causing the loss of state finance does not necessarily mean there has been an act of corruption by a government official. An official website of the United States government. An article 5 section 2 of this law says that there is corruption within the administration when civil servants or state administrators receive gifts or money in exchange for their actions or inactions which are not only contrary to their duties and obligations but also to the law. Abuse of Power: Improper use of authority by someone who has that authority because he or she holds a public office. This creates a dichotomy as to which court has jurisdiction over a case of abuse of authority involving an act of corruption. Emler, N., & Cook, T. (2001). Even good people, placed in the wrong situation, will do the wrong thing. State administrative law, as a controlling instrument in the implementation of state administration, creates policy guidance in governance, as specified in Law No. Law and Regulation. The Philippine Alliance of Human Rights Advocates (PAHRA) is gravely alarmed by the recent announcement of PRESIDENT Rodrigo Duterte appointing former Masiu, Lanao del Sur mayor Nasser Pangandaman Jr. as a new member of the Human Rights Victims’ Claim’s Board (HRVCB) without apparent vacancy of … Article 17 of the Law on Government Administration stipulates that government agencies and/or officials are prohibited from abusing their authority through decisions and/or actions taken outside the scope of their authority, and/or contrary to the law or the purpose of the authority granted. In so doing, the paper argues that although authority itself is not always corruptive, and that not all government officials are corrupt, it is important to note that the greater the authority of government officials, the greater the possibility for them to abuse their power in dispensing public services to the people. Jakarta: PT Raja Grafindo Persada. (1945). Criminal sanctions are penalties or punishment used to provide incentives for obedience with the law, or with rules and regulations. The employee violated the prohibition against use of public office for private gain by invoking his official authority in an attempt to influence action to benefit his relative. Allied Business Academies The prohibition of abuse of authority is classified into three forms, namely: (1) prohibition beyond Authority; (2) prohibition of confusing Authority; (3) the prohibition of ill-treatment. ... (see Subpart G - Misuse of Position; Use of Public Office for Private Gain) Return to Top. Law N30/2014 is wrong when it spares corrupt government officials from criminal court prosecutions on the ground that the financial loss suffered by the state be returned or restored by the alleged offender. Definitions of public official and public authority . Abuse of authority In the case of Noryn S. Tan v. Judge Maria Clarita Casuga-Tabin, A.M. No. This work is licensed under a Creative Commons Attribution 4.0 International License. Throughout the year 2013 alone, there were at least 290 Heads of the region (Governors, Regents, and Mayors) involved in corruption scandals by abusing their powers in providing administrative services to their population.12 In addition to Law No. Abuse of authority in state administrative law can be interpreted in 3 forms i.e., the misuse of authority to perform acts contrary to the public's interest, the misuse of authority in the sense that the official's actions are rightly intended for the public interest, but deviates from the purpose of the authority granted by law or other regulations, the misuse of authority in the sense of abusing procedures that should be used to achieve certain goals, but has used other procedures (Law and Regulation, 2014). Abuse of public trust, aka self-dealing, if the value of the benefit is $25,000 or more. This study discusses the issue of abuse of authority within the administration in Indonesia as more pressure is mounting from the public regarding the corrupt behaviours/actions of government officials in carrying out their duties. Your supervisor at work may draw authority from multiple sources. London: Blackstone Press Limited. 31/1999 on the Eradication of Corruption makes it clear that returning state financial losses or the state economy does not take away the criminal offense (Law and Regulation, 1999). While corruption can exist in any human organization, it seems that corruption in government is the worst. Page created by: Dave Marshall, last modified by Ian Clark on 31 May 2016. 31/1999 on the Eradication of Corruption, or Undang-Undang Tindak Pidana Korupsi (UU TIPIKOR, as it is commonly referred to in Indonesia). Abuse of the public’s trust; Public officers carry out their duties for the benefit of the public as a whole. 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