The Convergence of State Administrative Law and Criminal Law in Prevention of Criminal Act of Corruption that is Detrimental to the State Finances in Indonesia

The convergence between criminal law and state administration law in the settlement of state officials who harm the state finances or the state's economy is very closely. On the one hand, the Law Number 31 of 1999 Jo. Law Number 20 of 2001 on the Eradication of the Criminal Act of Corruption has stipulated that the State Officials’ actions that harm the state finances, which benefit themselves and other people against the law are criminal acts. Consequently, many state officials are hesitant to take policies as they are concerned about being trapped in Criminal Act of Corruption.Therefore, prevention of the criminal act of corruption detrimental to the state's finances or economy and carried out by state administrative officials must be conducted through two approaches i.e., state administration law or criminal law. The ideal model of prevention policy of the Criminal Act of Corruption that is detrimental to state finances and/or economy is to make changes by distinguishing mistakes of criminal offenses explicitly in Article 2 and Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 on Eradication of the Criminal Act of Corruption.