Legal Expert Examines Ex-Jampidsus Case, Explains Corruption, Official Misconduct, and Administrative Sanctions

Jakarta - Professor of State Law at the National Development University (UPN) of Jakarta Veterans, Taufiqurrahman Syahuri, highlighted the legal aspects in the case that dragged former Deputy Attorney General for Special Crimes (Jampidsus) Febrie Adriansyah. He explained that not every alleged abuse of office can automatically be processed as a corruption crime.

The statement was made during a public discussion entitled "Abuse of Office, Criminal Acts of Office, and Criminal Appeals: Will it be Applied to the Former Jampidsus Febrie Adriansyah?" in Central Jakarta, Tuesday, July 21.

According to Taufiqurrahman, the application of criminal law must be based on proof of elements of delict as stipulated in laws and regulations.

"The application of criminal law must be based on the fulfillment of all elements of the crime as regulated in the legislation, not merely because of the existence of perceptions or public opinion pressure," he said.

He explained that the public often equates every mistake by officials with corruption. In fact, legally there is a fundamental difference between abuse of office in the administrative realm, office crime, and corruption.

Taufiqurrahman explained that Law Number 30 of 2014 concerning Government Administration regulates the abuse of authority in the form of exceeding authority, mixing authority, or acting arbitrarily. These violations are basically subject to administrative sanctions.

However, he emphasized that abuse of authority could increase to a criminal act of corruption if it met the elements of enriching oneself, others, or corporations and resulting in financial losses to the state.

"In such circumstances, the act has the potential to meet the elements of Article 3 of the Corruption Eradication Law," he explained.

Therefore, according to Taufiqurrahman, handling cases involving the former Jampidsus Febrie Adriansyah must still refer to the mechanism of legal proof, not just based on allegations or public opinion pressure.

He emphasized that the status of an act as a new criminal act can only be determined if all elements of the crime are successfully proven through the investigation and trial process.

"The principle of the rule of law requires that every case be decided based on evidence and legal provisions, not assumptions or public opinion pressure," he said.

The discussion also featured the Chairman of the Trisakti University Criminal Law Study Center, Maria Silvya Elisabat Wangka, Professor of the Faculty of Law at the University of Indonesia, Heru Susetyo, lecturer of the Graduate School of Political Science at the National University, Firdaus Syam, Criminal Expert and Criminology at Bina Nusantara University Ahmad Sofyan, and Research Manager and Knowledge Lokataru Hasnu Ibraham. The event was attended by student organizations, youth organizations, researchers, practitioners, to the general public.