PERTANGGUNGJAWABAN PIDANA ATAS PENYALAHGUNAAN WEWENANG DALAM DISTRIBUSI ASET LOGISTIK KEPOLISIAN KEPADA PIHAK SIPIL
Keywords:
Criminal Liability, Abuse Of Authority, Police Logistics Assets, 2023 Criminal CodeAbstract
Abuse of authority in the distribution of police logistics assets to civilians is a problem that has the potential to cause state losses, reduce the accountability of the police institution, and disrupt legal certainty in the management of State Property. This study aims to analyze the legal factors that cause leakage or irregularities in the distribution of police service assets to unauthorized parties and analyze the forms of criminal liability of police officers under the 2023 Criminal Code. This study uses a normative legal research method with a statutory regulatory approach, a conceptual approach, and a case approach, analyzed qualitatively. The results indicate that irregularities in asset distribution are influenced by unclear norms, weak oversight, extensive discretion, and the unclear line between administrative violations and criminal acts. Criminal liability can be imposed on officers who abuse their authority, commit embezzlement in office, or neglect to supervise assets resulting in the transfer of assets to civilians. Civilians who knowingly participate can also be held criminally accountable under the provisions of the 2023 Criminal Code.
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