SHIFTING CORRUPTION PREVENTION TO CORRUPTION PROTECTION THROUGH GOVERNMENT POLICY IN INDONESIA?

Abstract

Objective: The purpose of this article is to discuss the policy of handling public complaints based on the Memorandum of Understanding signed jointly by the Attorney General, the Chief of the Indonesian National Police and the Minister of Home Affairs in 2023, namely Memorandum of Understanding Number: 100.4.7/437/SJ Number: 1 Year 2023 Number: NK/1/I/2023 based on the principle of prioritizing State Administrative Law (primum remidium) in handling cases of alleged abuse of authority by government officials.   Methodology: The analysis in discussing legal policies for handling public complaints in Indonesia is based on normative legal research methods with a statutory approach and policy studies on Law No. 30 of 2014 on Government Administration, regulations regarding the eradication of corruption and Memorandum of Understanding Number: 100.4.7/437/SJ Number: NK/1/I/2023.   Results: Based on the discussion of the current policy for handling public complaints in Indonesia, it is found that Memorandum of Understanding Number: 100.4.7/437/SJ Number: 1 Year 2023 Number: NK/1/I/2023 places administrative procedures in handling public complaints against alleged abuse of authority by government officials by prioritizing the settlement of state administrative law before handling using corruption criminal law.   Conclusion: The policy of handling public complaints based on the Memorandum of Understanding Number: 100.4.7/437/SJ Number: 1 Year 2023 Number: NK/1/I/2023 is intended to structuring the system for handling allegations of abuse of authority by government officials based on the principle of State Administrative Law as a prioritized step (primum remidium) and Criminal Law as the last legal remedy if the State Administrative Law effort is inadequate to apply (ultimum remidium).The policy of handling public complaints based on that Memorandum of Understanding which is oriented towards prevention of alleged abuse of authority, can resolve abuse of authority by government officials in the realm of state administrative law with the aim of improving the implementation of government policies.