Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Discretional Legal Responsibility of Government Officials Which Have Not Been Regulated in the Indicated Law there have been Deviations in the State Budget

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341685,
        author={Binsar Jon Vic and Angga  Perdana},
        title={Discretional Legal Responsibility of Government Officials Which Have Not Been Regulated in the Indicated Law there have been Deviations in the State Budget},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={discretion legal responsibility corruption},
        doi={10.4108/eai.28-10-2023.2341685}
    }
    
  • Binsar Jon Vic
    Angga Perdana
    Year: 2023
    Discretional Legal Responsibility of Government Officials Which Have Not Been Regulated in the Indicated Law there have been Deviations in the State Budget
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341685
Binsar Jon Vic1, Angga Perdana1,*
  • 1: Universitas Borobudur
*Contact email: anggaadvocad@gmail.com

Abstract

The government has power in all aspects of people's lives, even on its own initiative through the concept of discretion in administrative law which is urgent in the public interest. The aim of this research is to provide clarity on the position of the exercise of discretion in regional government administration. This research uses normative legal research methods, using statutory and conceptual approaches. The research results concluded that the exercise of discretion which tends to detect budget misuse and arbitrariness in carrying out duties can result in criminal acts of corruption as regulated by UURI no. 31 of 1999 concerning Corruption. Because the discretionary authority is only for the public interest or the interests of society, on the other hand, if the discretionary authority is used for personal and group interests, then the discretionary action becomes a criminal act of corruption in the case of a crime or misuse of influential work.