Defining Abuse of Public Office. They may also use their position to favor their friends and relatives unfairly. With an acceptance rate of 30%, each of the journals of our affiliates is double blind, peer reviewed and some of the journals are listed in SCOPUS, SCIMAGO, Google Scholar, ProQuest, Cengage Gale, LexisNexis and several other academic databases and search engines. According to the Public Service Commission of Canada, “abuse of authority” is given a particular wide definition (in the federal Canadian context) as “an intentional improper use of a power” under that Act. In this form, abuse of authority indicates the use of political power by government officials for private gain, or to maintain their hold on power. They think they are powerful, so they immediately begin to abuse … Use of Official Title. Canadian Courts have taken a similarly broad approach, holding that improper conduct, omissions, errors, bad faith, personal favoritism and a reasonable apprehension of bias may all, in some cases, give rise to “abuse of authority” claims under the Public Service Employment Act. Because the error is administrative does not mean it is not criminal. The prohibition of abuse of authority is classified into three forms, namely: (1) prohibition beyond Authority; (2) prohibition of confusing Authority; (3) the prohibition of ill-treatment. The Philippine Alliance of Human Rights Advocates (PAHRA) is gravely alarmed by the recent announcement of PRESIDENT Rodrigo Duterte appointing former Masiu, Lanao del Sur mayor Nasser Pangandaman Jr. as a new member of the Human Rights Victims’ Claim’s Board (HRVCB) without apparent vacancy of … 3 quotes have been tagged as abuse-of-public-authority: Mick Karabegovic: ‘Responsible parenting is NOT a crime. This work is licensed under a Creative Commons Attribution 4.0 International License. Bad ... public they serve, who are victims of the “bad” cop. Allied Business Academies There has been an increase in the number of abuse of authority cases involving corrupt government officials in various courts throughout Indonesia in recent years. According to the Criminal Code of the RSFSR (art. Ridwan claims that a mandate is when the organ of government allows its authority to be run by another organ on its behalf (Ridwan, 2011). The same law on government administration also stipulates that either criminal sanctions or administrative sanctions can apply to such conduct after an investigation by Government Internal Supervisory Apparatus. 31/1999 on the Eradication of Corruption makes it clear that returning state financial losses or the state economy does not take away the criminal offense (Law and Regulation, 1999). Law No. News A Grave Abuse of Authority Written on 08 December 2017.Posted in Statements. Public official means any executive, official, or employee of a Governmental Authority, political party or member of a political party, political candidate; executive, employee or officer of a public international organization; or director, officer or employee or agent of a wholly owned or partially state-owned or controlled enterprise, including a PRC state-owned or controlled enterprise. § 5-52-107. Abstract Abuse of Authority by Government Officials: Controversy between Administrative and Criminal Sanctions. 20/2001 on the Amendments to Law No. OFFENSES AGAINST PUBLIC ADMINISTRATION. This law, serving as the legal basis underlying the decisions/actions of government officials, has contributed to the weakening of the efforts to eradicate corruption as it seems to provide legal protection to corrupt government officials who misuse their power for personal gains. 31/1999 on the Eradication of Corruption. 30/2014 on Government Administration. Creative Commons Attribution 4.0 International License. Hamzah goes on to say that the law on government administration is preventive while the criminal law regime is repressive in the sense of being the last effort in eradicating corruption (Hamzah, 2015). This concept of “abuse of authority” appears in other employment contexts as well, for example in the Human Resources User Guide of the United Nations Development Programme. As a consequence, this law not only weakens the fight against corruption by giving a free pass to corrupt and crooked government officials but it also contradicts Law No.31/1999 on Corruption Eradication. London: Blackstone Press Limited. § 5-4-201. 30/2014 on Government Administration was enacted which prescribes that abuse of authority causing the loss of state finance does not necessarily mean there has been an act of corruption by a government official. When the law provides such a mild treatment to government officials who abuse their authority to misuse public funds, it weakens the fight against corruption by providing legal protection to corrupt government officials (Isra et al., 2017). Smith, P.K., Jostmann, N.B., Galinsky, A.D., & Van-Dijk, W.W. (2008). Law N30/2014 is wrong when it spares corrupt government officials from criminal court prosecutions on the ground that the financial loss suffered by the state be returned or restored by the alleged offender. 2/2014 on Corruption Prevention and Eradication. Lacking power impairs executive functions. If no answer is received from the administration within a certain period of time, then the application shall be brought before an administrative court for investigation (Law and Regulation, 2014). (2014). State administrative law. Since there are two courts vested with the power to decide such a case (administrative court and criminal court), there would be two different outcomes. United Nations Development Programme – Office of Human Resources Bureau Management, HR User Guide Chapter I: Duties and Responsibilities, Section Workplace Harassment & Abuse of Authority, at http://www.un.org/womenwatch/osagi/UN_system_policies/(UNDP)Policy_on_Workplace_Harassment_and_Abuse_of_Authority.pdf, accessed 12 January 2016. MTJ-09-1729, January 20, 2009, the Philippine Supreme Court found the respondent Judge Maria Clarita Casuga-Tabin, Municipal Trial Court in Cities, Branch 4, Baguio City, guilty of abuse of authority for which she was fined in the sum of P10,000.00. Above all, the principle of formal legality is intended to prevent abuse of authority or maladministration. 200,000,000.00 ($ 14,000,00) minimum and Rp. In exchange for this protection, we permit these public servants to exercise authority and at times great power. The prosecution of corrupt government officials is seen by the public as a success of the Corruption Eradication Commission or Komisi Pemberatasan Korupsi (KPK) in the fight against corruption in Indonesia (Isra et al., 2017). Under the provisions of Article 1 section3 of Law no. Upon initial conviction of a public official for any felony, whether or not the official was suspended under the procedures described above, such official is immediately and without further notice suspended from office and a replacement official is named to fill the vacancy created by the suspension according to the local or general law applicable to the position (O.C.G.A. The same law on government administration also stipulates that either criminal sanctions or administrative sanctions can apply to such conduct after an investigation by Government Internal Supervisory Apparatus. Abuse of Power: Improper use of authority by someone who has that authority because he or she holds a public office. (1945). 20/2001 on the Amendments to Law No. The increase of the role and authority of state administration means an increase in the responsibility of government officials in carrying out their duties. The three world of welfare capitalism. All rights reserved. 30/2014 weakens the fight against corruption in Indonesia. It provides standard guidelines for decision making and action and builds mutual communication between citizens and government officials in bureaucratic reforms (Hamzah, 2015). Emler, N., & Cook, T. (2001). Law no. Because the financial loss/damage has been returned or restored does not mean that corruption did not take place. In its second and broader conception, “abuse of authority” may mean political corruption more generally – that is, the use by government officials of otherwise legitimate legislated powers for private gain. Law No. CFR ; prev | next § 11.448 Abuse of office. Abuse of public trust, aka self-dealing, if the value of the benefit is $25,000 or more. IKAHI National Seminar in the context of IKAHI's anniversary. Corruption is the abuse of entrusted power and elected authority for private profit. If the government apparatus finds an administrative error causing state financial loss, it asks for the loss to be repaid no later than 10 (ten) working days. EDITORIAL - Abuse of authority (The Philippine Star) - March 24, 2020 - 12:00am Making good on the government’s threat, law enforcers arrested on Sunday a … This is the point where lies the contradiction between administrative sanctions and criminal sanctions with regard to the prosecution and punishment of corrupt government officials. But it adds some confusion when it prescribes that abuse of authority must be resolved by administrative means for it does not necessarily imply an act of corruption (Law and Regulation, 2014). In B. Roberts, & R. Hogan, (Eds.). In Indonesia, corruption takes place within almost all domains of power and at all levels of government both in the Central / Regional Government (Isra et al., 2017). In its first conception, “abuse of authority” is a legal term of art used within the employment context to denote the improper use of position, power or authority to influence the employment or career of another person. However, Barangay Kagawad's abuse of authority reached it's peak due to an unfortunate incident that happened. 31/1999 on the Eradication of Corruption as amended by Law No. Law and Regulation. Black?s law dictionary. Investigating Authority. Therefore, every government official is always monitored by the government's internal supervisory apparatus in the use of their authority. Abuse of authority In the case of Noryn S. Tan v. Judge Maria Clarita Casuga-Tabin, A.M. No. Abuse of Authority, Government Officials, Government Administration, Administrative Sanctions, and Criminal Sanctions. Maurice Duverger argues that the tasks of state administrative organs are not only limited to enforcing the law but also and more importantly to serve and protect the public's interest, which forces them to actively participate in social interaction so as to guarantee the Indonesian people's happiness and well-being. This law goes on to say that if the loss/damage suffered by the state is restored by the accused government official, then the act may not be deemed as corruption. “Power tends to corrupt, and absolute power corrupts absolutely. So Mario and Alma filed an administrative complaint not only against Tino, but also against Rey and Gene charging them with Abuse of Authority, Grave Misconduct and Ignorance of the Law. Nugraha, S. (2007). Some sources suggest that the concept of “abuse of authority” differs from the concept of “abuse of power.” It is notable that these distinctions may be merely academic with little practical distinction – for example, in Canadian tort law, “abuse of power” and “abuse of authority” are both often used to denote the tort of misfeasance in public office, which may give rise to a claim in damages. ... An employee engaging in fundraising in his personal capacity is also prohibited from using his official title, position or authority. (2011). Peter Leyland and Terry Woods argue that state administrative law, as a legal matrix, has five main functions: the function of control to prevent abuse of power, the function of command to allow for all acts and decisions of state administration to remain within the limit of the law, the function of facilitating the administration of justice and fairness, the function of assuring accountability, transparency and participation, and the function of providing legal remedies for citizens whose rights and interests have been violated by the state administration (Leyland, 1999). Corruption within the administration in Indonesia has strongly been criticized since the advent of the Reformation Era or Era Reformasi in 1998. 30/2014 is at odds with one of the important corruption eradication laws, i.e., Law No.31/1999 on Corruption, which clearly stipulates that if there is a financial loss in the management of public funds as a result of an abuse of authority, then there definitely is an act of corruption. An official website of the United States government. 31/1999 on the Eradication of Corruption considers the violation the law by committing an act that enriches oneself or another person or a corporation that can harm the state's finance or the country's economy as a corruption (Law and Regulation, 1999). As argued at the outset of this paper, according to the Indonesian Criminal Law, corruption is a serious criminal offense punishable under Law No. In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: … a core concept in Ethics, Rights, and Accountability and Atlas111M. The President, who may act through the Executive Secretary, shall hereinafter be referred to as the Disciplining Authority. Text book on administrative law. public official and employee and are hereby declared to be unlawful: (a) Financial and material interest. 31/1999 on the Eradication of Corruption. A government official’s act is deemed illegitimate if it is not attributed, delegated, or mandated (Philipus, 2011). 25 CFR § 11.448 - Abuse of office. All Administrative complaints, duly verified, against elective local officials mentioned in the preceding Section shall be acted upon by the President. Criminal sanctions and administrative sanctions are instruments in administrative law enforcement. London, United KingdomWC1A 2SE, © 2002-2020 Allied Business Academies. Abuses of political power for other purposes including political repression, police brutality, etc., is not generally considered to be … The employee violated the prohibition against use of public office for private gain by invoking his official authority in an attempt to influence action to benefit his relative. 30/2014 seems too lenient on corrupt government officials. Public Service Commission of Canada, Public Service Commission Glossary, at http://www.psc-cfp.gc.ca/abt-aps/gls/index-eng.htm, accessed 12 January 2016. 31/1999 on the Eradication of Corruption as amended by Law No. The term “abuse of authority” is a unique legal term of art used in the context of labour and employment law. ABUSE OF OFFICE. Guntur Hamzah argues that the government administration law aims to provide legal protection to both government officials and the public. 40 Bloomsbury Way Lower Ground Floor The Handling of Abuse of Authority by Criminal Law. Abuse of power or authority. The constitution of the republic of Indonesia. Even good people, placed in the wrong situation, will do the wrong thing. Ridwan (2011) argues that attribution is the granting of government authority to the organ of government by the legislator, while delegation is the transfer of government authority from one government organ to another. 30/2002 establishing the Corruption Eradication Commission or KPK, several measures have also been taken by the government to combat corruption in Indonesia. Controversy between Criminal and Administrative Sanctions. § 5-52-101. Law no. Philipus, M.H. DEFINITIONS. Jakarta: PT Raja Grafindo Persada. In so doing, the paper argues that although authority itself is not always corruptive, and that not all government officials are corrupt, it is important to note that the greater the authority of government officials, the greater the possibility for them to abuse their power in dispensing public services to the people. Abuse of power causing serious loss of public funds should be punished by criminal sanctions, not administrative sanctions. But it is important to keep in mind that the greater the authority of government officials, the greater the possibility for them to abuse their authority in dispensing public services to the people. Jakarta: Centre for Law and Good Governance Studies, FHUI. But in practice, both procedures differ from one another. Thus, the source of government authority is in the legislation. Criminal sanctions are penalties or punishment used to provide incentives for obedience with the law, or with rules and regulations. 5/2004 on Steps and Concrete Programs to Accelerate the Eradication of Corruption, the Presidential Decree No. Law and Regulation. The imposition of administrative sanctions can be directly done by government agencies and/or officials without having to go through court process first. The guidance provided by the government administration law is related to the norms of governmental authority, which include: the source of the authority of government officials (attributions, delegations, and mandates), the principles of governance, and the use of discretion. While corruption can exist in any human organization, it seems that corruption in government is the worst. Black, H.C. (1990). State administrative law and corruption crimes. Similarly, every decision or act of an official must be based on a legitimate authority emanating from a lawful institution of the government. §§ 45-5-6, 45-5-6.1). This creates opportunities for deviations and dysfunction in the administration. 31 on corruption eradication. Maladministration is provided for by the law on government administration, which stipulates that a government official is prohibited from misusing their authority in performing their duties. 170), abuse of authority or misuse of an official position (that is, an intentional use by the public officer of his official position contrary to the interests of the public) is a crime if it was committed for mercenary or other personal interests and caused a substantial damage to the state or public interests or to the legally protected rights and interests of … It is worth acknowledging that administrative matters ought to be resolved through administrative courts at first, but when such matters involved corruption, they fall within the jurisdiction of criminal law as specified by Law No. Sometimes, people with authority tend to carry out executive cognitive functions more rapidly and successfully, including internal control mechanisms that coordinate attention, decision-making, planning, and goal-selection (Smith et al., 2008). Psychological Science, 17(1), 1068-1074. 30/2014 on Government Administration, as mentioned earlier. The study shows that both the government administration law and the corruption law not only contradict one another but are also incoherent in imposing sanctions related to the abuse of authority. Moral integrity in leadership: Why it matters and why it may be difficult to achieve. Ark. Great men are almost always bad men, even when they exercise influence and not authority, still more when you super add the tendency or the certainty of corruption by authority. Image: Author’s design, using elements from ClipShrine.com, http://www.clipshrine.com/old-man-silhouette-13780-medium.html, accessed 12 January 2016 and Silhouette Graphics, http://www.silhouettegraphics.net/stylish-man-silhouette-graphics/, accessed 12 January 2016. http://definitions.uslegal.com/p/political-corruption/, http://laws-lois.justice.gc.ca/eng/acts/p-33.01/FullText.html, http://www.lawsonlundell.com/media/news/181_ClaimsforMisfeasance.pdf, http://www.psc-cfp.gc.ca/abt-aps/gls/index-eng.htm, http://www.un.org/womenwatch/osagi/UN_system_policies/(UNDP)Policy_on_Workplace_Harassment_and_Abuse_of_Authority.pdf, http://www.clipshrine.com/old-man-silhouette-13780-medium.html, http://www.silhouettegraphics.net/stylish-man-silhouette-graphics/. This law goes further to say that abuse of authority is not punishable as an act of corruption provided that the guilty official makes compensational payments for the state financial loss. 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