Shift Of Power Abuse That Inflict State Losses From The Perspective Of Criminal Law Into Administrative Law

In order to fulfill the principle of the constitutional state, Republic of Indonesia in its constitution admit and guarantee that every people have rights of recognition, guarantee, protection, fair legal certainty and equality before the law. Discretionary power or freies ermessen attached to administrative power even according to the principle of constitutional state every authority should be based on law, but in certain situation and condition in which the law has not or does not clearly regulated, the officials or administration agencies should make an action or decision based on policy or discretionary of power. Although freies ermessen is created in the form of regulation that is known as policy rule or beleid regel but the act of administration agencies that is freies ermessen that is most potential for abuse of power. Therefore, in sentence of Corruption Crime it is based on the purpose of sentence namely improving and protecting society thus the criminal responsibility who is always asked for the convict in the criminal act while it is still based on purpose of sentence.