Criminal Liability of State Civil Apparatus for Misappropriation of Regional Original Revenue

Abstract

This study aims to analyze in depth the criminal liability of State Civil Apparatus (ASN) who commit misappropriation of Regional Original Revenue (PAD) in Indonesia. The problem of corruption, especially in the public sector, continues to be a serious challenge that hinders development and undermines the integrity of the government. The main focus of this study is to understand how law enforcement against such crimes can be implemented, taking into account the validity of the latest Law Number 1 of 2023 concerning the Criminal Code (KUHPidana), which significantly changes and updates the Criminal Law framework in Indonesia. Using a juridical-normative approach, this study examines relevant laws and regulations, legal doctrines, and court decisions, comparing the old and new legal regimes. The analysis results show that the new Criminal Code introduces several legal concepts that can affect the criminal liability of State Civil Apparatus, including the expansion of certain offenses and adjustments to sanctions. However, challenges in implementation remain significant, especially regarding coordination between law enforcement agencies and the effectiveness of the sanctions imposed. Therefore, this study concludes that although the criminal law framework has been updated, stronger collaborative efforts are needed from all parties, starting from stricter internal supervision, increased transparency, to reform of the criminal justice system to ensure firm and fair criminal accountability for State Civil Apparatus who abuse their authority and position.