Discretion as to the Object of the Criminal Law of Corruption in Indonesia

Abstract

The high number of corruption cases among government officials in Indonesia cannot be separated from what is the object of the criminal law of corruption, especially since corruption laws in Indonesia do not distinguish between discretion and abuse of authority due to position. This raises the question, can discretion be the legal object of criminal corruption? This legal research is carried out with conceptual approach, statute approach and case approach, it can be concluded that discretion cannot be used as an object of the criminal law of corruption because discretion is not based on the principle of legality. Placing discretion as the object of the law of corruption is inconsistent with the demands of the welfare state. In the use of discretion, it is necessary only to set strict standards and supervision, and the use of discretion with consistent purpose principles. And it must be stated in the Act, that the expression is not the object of corruption.

Religious inconsistency on corruption behaviour among Muslim politicians in Indonesia

“…Not all parties with indications of corruption are followed up because they have specific political interests. This selective, non-transparent and unfair law enforcement has also provoked people to try the sensation of corruption (Griffith & Lee 2019;Tamin 2018). So efforts to eradicate corruption through legal, humanitarian and religious approaches must continue (Michael 2020;North, Orman & Gwin 2013).…”

Dissecting the Link Between Tax Crimes and Corruption: A Threats to Economic Stability

“…On the legal side, this link can be explained by non-compliance with tax regulations which can trigger legal violations and invite corrupt practices (Castro et al, 2019;Davis, 2021;Tamin, 2018). Several businesses or individuals may try to cheat the tax system in various ways, including hiding assets, manipulating financial statements, or collusion with corrupt tax officials.…”