IOSR Journal of Humanities And Social Science (IOSR-JHSS) Volume 26, Issue 9, Series 6 (September. 2021) 08-14 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org DOI: 10.9790/0837-2609060814 www.iosrjournals.org 8 |Page The Nature of Restrictions on State Administration Law on Corruption Crimes of Public Officials Due to Abuse of Authority Abdul Ukas Marzuki 1 , Mulyati Pawennai 2 , Syahruddin Nawi 2 , Baharuddin Badaru 2 1 Doctor of Law, Indonesian Muslim University 2 Faculty of Law, Indonesian Muslim University ABSTRACT The purpose of analyzing Limitation of Administrative Law Against Abuse of Authority in Corruption. The type of research used in this research is normative legal research or doctrinal legal research. The results of the study, First, the nature of the element of abuse of authority has similarities with the element "against the law" in the Corruption Eradication Act, which is both formally and materially against the law. The research recommendation is, the presence of Law Number 30 of 2014 should be able to become a benchmark for KPK investigators not to arrest the investigation of the defendant before the decision from the State Administrative Court, it is also necessary for the Supreme Court to issue a PERMA which contains provisions regarding the necessity of law enforcement officers comply with the decision of the Administrative Court which states that a Government Official has no abuse of authority not to proceed to criminal proceedings . KEYWORDS: Corruption Crime; Abuse; Authority --------------------------------------------------------------------------------------------------------------------------------------- Date of Submission: 08-09-2021 Date of Acceptance: 23-09-2021 --------------------------------------------------------------------------------------------------------------------------------------- I. INTRODUCTION Discusses state policy (staatsblad), abuse of authority (détournement de pouvoir) which is a discussion of State Administrative Law, which is then used by Criminal Law, for example, contained in the element of "abusing authority" (Article 1 paragraph (1) b of Law Number 3 the Year 1971 in conjunction with Article 3 of Law Number 31 of 1999), the element of "against the law" (Article 1 paragraph (1) letter an of Law Number 3 of 1971 in conjunction with Article 2 paragraph (1) of Law Number 31 of 1999 ), the element of "may harm the state finances or the state economy" Article 2 paragraph (1) of Law Number 31 of 1999 jo. Law No. 20 of 2001. If you look at the characteristics and modus operandi of a criminal act of corruption, it can be explained that the tendency of a public official to be exposed to a corruption case may occur because of a criminal act of corruption, one of the characteristics is subterfuge, concealment of reality, misleading and on the dimension of crime that always uses power and on the scope of office and work [1]. Internationally, corruption is recognized as a global phenomenon that is an extraordinary crime [2]. Therefore, the handling of criminal acts of corruption requires special handling (extraordinary measure). In the context of tackling criminal acts of corruption that permeate all aspects of Indonesian people's lives, law enforcers more often use criminal law as the primum remedium to solve these problems. This is certainly contrary to the nature of criminal law itself, which is the ultimumremedium or as a last resort / last resort in tackling crime [3]. Lord Acton once said that "power tends to corrupt, and absolute power corrupts absolutely" [4]. The relationship between the opportunity to commit a criminal act of corruption and the level of position or power possessed by a person is very closely related. For people who have a high position or rank, the opportunity to commit a criminal act of corruption will be more flexible. This is reflected in the rampant corruption cases committed by public officials recently. However, not all government actions (bestuurshandelingen) committed by public officials that harm state finances are criminal acts of corruption. The rampant criminalization of policies carried out by government officials is due to the wrong implementation of material unlawful acts [5]. The rise of criminalization of policies carried out by government officials is due to the passive implementation of material unlawful acts. Based on this, on October 17, 2014, the issuance of Law Number 30 of 2014 concerning Government Administration, which is expected to solve the problem of criminalization of policies that result in disruption of government administration and stagnation of government administration.