FREEDOM ACT (Discretionary Power) AND ITS IMPLEMENTATION AS OBJECT CORRUPTION ANALYSIS OF THE DECISION NUMBER 2420.K / SPECIAL CRIMES / 2013 SPECIAL CRIMINAL CASSATION CASES

Abstract: Freedom acting in the administration of government affairs known two kinds namely freedom of discretion and freedom of interpretation. freedom of discretion or freedom to decide independently occur in the case of a norm of giving freedom to the agency or official of the state administration to take an action according to the considerations to do or not do something that is stated in the basic rules. While freedom of interpretation is more focused on the formulation of norms which disguised (vage norm), in which case the entity or state administrative official has the freedom to interpret the intent (meaning) of the norm vage. Forms of discretion in the administration of government affairs, according Kreveld like; beleidslijnen (stripes wisdom), het beleid (wisdom), voorschriften (regulations), richtlijnen (guidelines), regelingen (instructions), circulaires (surat circulars), resoluties (resolutions), aanschrijvingen (instructions), beleidsnotas (memorandum of wisdom), reglemen (ministriele) (ministerial regulations),beschikkingen (decisions), en bekenmakingen (announcements). Based a nalisis freedom of action (discretionary power) and its implementation as an object of corruption to Decision Number 2420.K / Special Crimes / 2013 Case Special Criminal Appeal and analysis of the reasons a weld Type of Cassation, it was concluded that: 1) The act of law committed by the defendant is corruption, 2) Measure the abuse of authority in the in casu let by basing on the principles of specialties in budget management