首页    期刊浏览 2025年02月22日 星期六
登录注册

文章基本信息

  • 标题:Abuse of Authority: A Meaning Deconstruction
  • 本地全文:下载
  • 作者:Kurnia Dewi Anggraeny ; Rocky Marbun
  • 期刊名称:Jurnal Hukum Novelty
  • 印刷版ISSN:1412-6834
  • 电子版ISSN:2550-0090
  • 出版年度:2020
  • 卷号:11
  • 期号:2
  • 页码:130-140
  • DOI:10.26555/novelty.v11i2.a17697
  • 出版社:Universitas Ahmad Dahlan
  • 摘要:Introduction to The Problem: As part of the organization of the government duties and community services, the authority to make a decision is attributed to the government officials (inherent aan het bestuur), which has led many to become a suspect and a convict. On the other hand, it is believed that the government's policies are not subject to the law. This paper analyze abuse of authority according to a meaning deconstruction. Purpose/Objective Study: This study aims to determine to analyze abuse of authority according to a meaning deconstruction Design/Methodology/Approach: The research applied normative juridical approach as the logical consequence of sui generis of law. Findings: Each network of a structure of meaning is always presented in the form of binary opposition. One of the elements is marginalized and abandoned. Similarly, in the field of law, the term "abuse of authority," which is often connected to the damage that occurs to the state's financial condition, is seen as an absolute part of the Criminal Law. Arbitrarily, it replaces the function of the State Administrative Law. The "financial loss," which is then known as corruption, is the result of 'abuse of authority,' originated from the State Administrative Law. Through Jacques Derrida's perspective, a marginalized binary opposition is made into being. It is not to dominate others, but to share the views. The disjuncture between the state administrative law and criminal law has caused an unresolved issue of corruption. Through Paul Scholten's perspective, in essence, the criminal law has abandoned the social fact that there is a strong correlation between the deeds in the state administrative law and those in the criminal law, which is in the theoretical domain of administrative criminal law. The abandonment is against the hulprecht principle related to the implementation of the law mentioned above. The research employed a normative juridical method based on secondary data using philosophical, conceptual, and legal approaches.
  • 关键词:Abuse of Authority;Deconstruction;Corruption
国家哲学社会科学文献中心版权所有