Criminal Accountability of Government Officials Based on Discretion AuthoritiesIn the Perspective of the Indonesian Welfare Law State

In the framework of a welfare law state, a government has two sources of authority, namelylegality and discretion principle. in the implementation of state administration, the two authorities arecomplementary. government officials’ authority which only originates from legality principle of generalwelfare as a welfare state goal is impossible to achieve. the freedom of government officials to makedecisions based on discretionary authority has a great potential to be abused which has consequencesfrom the perspective of administrative and criminal law. in its implementation, the understanding ofgovernment official’s discretionary authority accountability principles among law enforcers still varies.government administration actions taken based on the discretion principle, as a form of deviation fromthe inability of legality principle to reach public dynamic needs, are inappropriate and deserve to beconvicted. the legislators are better to normalize the principle of hulprecht in every provision of law inthe field of state administrative law as long as it is ultimum remidium.