Correlation Between Discretion That Is Detrimental to State Finances with the Principle of Systematic Lex Specialist

Abstract

As a special system of accountability, Article 3 of the Law on the Eradication of Corruption has stipulated that abuse of authority that results in state financial losses is part of the crime of corruption. On the other hand, Law 30 of 2014 concerning Government Administration also regulates the accountability mechanism for discretion that falls into the category of abuse of authority which then causes state losses which in turn can lead to the application of administrative sanctions as regulated in Article 80 paragraph (4) of the Government Administration Law. Based on this issue, the researcher draws a theoretical problem regarding the Correlation Between Discretion that Harms State Finances with the Systematic Lex Specialist Principle using the legal research method with a focus on the discussion related to the application of the systematic specialist principle in cases of abuse of authority that cause state financial losses as a concept that is in line with what is regulated in the Corruption Eradication Law and the Government Administration Law. Where based on the research that has been conducted, it is known that with the development of existing legal instruments, the principle of systematic specificity can be applied through a case settlement mechanism that prioritizes settlement through administrative and civil law instruments rather than criminal law instruments, with the principle that does not override each other, meaning that if it can be completed with an administrative instrument, the criminal law instrument is no longer implemented, which in theory is called the Una-Via or ultra vires principle, which means that if a case has been resolved administratively, the opportunity to resolve the case with other legal means is closed.