HAMBATAN PEMBERANTASAN KORUPSI MELALUI PENDEKATAN ADMINISTRATIF

Abstrak

This study aims to elaborate on the rational reasons why the administrative approach cannot be effectively utilized in combating corruption in Indonesia. This research is normative legal research employing a statutory and case approach. The study results indicate that as an act detrimental to state finances and harming public justice, all efforts must be made to eradicate corruption, with one of the goals being to recover state financial losses. Efforts to combat corruption have been ongoing for a long time using various methods. Although penalties for corruption perpetrators have been increased, news of corruption continues to surface almost daily. One critical approach worth trying is the administrative law approach, as accommodated in the Government Administration Law (UU AP). However, this provision has been ineffective due to several barriers, including: First, Indonesia's anti-corruption model still prioritizes criminal law instruments (Penal Center). Second, there is legal uncertainty between Administrative Law and Criminal Law in combating corruption in Indonesia.