Abuse of Power Prohibition in Government Actions

Kadek Cahya Susila Wibawa1, Sri Nur Hari Susanto2

https://doi.org/10.62271/pjc.16.4.583.591

Abstract
Abuse of power (malwewenang) is a form of misconduct by officials or government bodies in carrying out their entrusted duties. The administrative law approach to abuse of power categorizes it as a prohibition that must not be violated. Every authority is limited by its substance, location (locus), and time (tempus). Therefore, abuse of power can take the form of onbevoegdheid ratio materiae, onbevoegdheid ratio loci, and onbevoegdheid ratio temporis. Any action taken by an official or government body beyond these boundaries constitutes a deviation and falls into the category of legal violations. This is in line with the principle of legality in government actions. Competence and procedure form the foundation for formal legality. Based on formal legality, the principle of presumption instal causa is established.

Keywords: Abuse of power, Government Action