Meaning of Policy and Misuse of Authority Related to Legal Officer's of Legal Responsibility in Handling Financial System Crisis

Abstract

In 2008, exactly on 19th of September 2008, the world is experiencing a crisis that affects many countries including Indonesia. Century Bank case is defined as the result of world crisis. Finance Department handles various differences of opinions regarding the prevention and crisis handling of financial system to give an elaboration about the decision from Stability Committees of the Financial System (KSSK) on behalf of Century Bank. Some efforts have been done by Republic of Indonesia to overcome a crisis by issuing three Government Regulations in lieu of Law (Perppu) at once. Various policies issued in the crisis time if it does not have a certain basis can cause a law problem towards policy makers in finance. As the result, alleged existence of criminalization towards that policy. In a point of view of law enforcer, that action cannot be defined as policy criminalization if the policy-making mechanism is made on the basis of pre-defined norm. Freedom of act is given to the government officer since their function is to conduct public welfare, which is different from the function of judiciary to finish the dispute. Besides, since the function of the government has to service the growing public interests, either social or economy field. So, in this case of financial crisis, there is no limit yet between meaning of policy and misuse of authority related to Legal officers of Legal responsibility in handling financial system crisis, this is clarified by the Constitution Number 9 Year 2016 about Prevention and Financial System Crisis Handling not explicitly give the law protection for policy makers and there is no clear limit about misuse of authority meaning.