The Criminalization of Functional Officer In Charge Of Document Examination In Criminal Corruption Courts

Abstract

Various phenomenon regarding criminal law system, especially in relation to law enforcement against corruption have led to lower public trust in law enforcement officers, particularly in providing legal certainty and justice against corruption cases that are very detrimental to the state. This normative juridical legal research was carried out to obtain data relevant to this problem. This research regarded primary, secondary and tertiary legal materials which were then analyzed using descriptive analysis. Two theories underlie this research including the theory of legal certainty and the theory of authority. The results showed that discretion done by State Administrative Officials is a State Administrative Law Act, if it is performed by a State Administrative Official in a certain case where none of the existing laws and regulations regulate the issue, or if the existing regulations are unclear that freedom of judgment from the State Administrative Official is required. In addition, the action can only be carried out in a compelling / urgent situation for the sake of the public interest as stipulated in a statutory regulation. Legal certainty and justice must be guaranteed for the state administration in carrying out this duty by designing legal instrument that regulates all processes of government administration. In order to run a dynamic governance, laws and regulations that regulate the government administration system including the decision-making process (Material State Administrative Law) need to be developed.