Anggraeny, Kurnia Dewi (2020) Abuse of Authority: A Meaning Deconstruction. [Artikel Dosen]
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Abstract
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.
This study aims to determine to analyze abuse of authority
according to a meaning deconstruction.
The research applied normative juridical approach as
the logical consequence of sui generis of law.
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.
| Item Type: | Artikel Dosen |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisi / Prodi: | Faculty of Law (Fakultas Hukum) > Faculty of Law (FH) Doc |
| Depositing User: | Kurnia Dewi Anggraeny |
| Date Deposited: | 02 Mar 2023 02:23 |
| Last Modified: | 02 Mar 2023 02:23 |
| URI: | http://eprints.uad.ac.id/id/eprint/40396 |
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