The provisions of Article 20 paragraph (2) and Article 22 of Law 28/1999

Looking at the provisions in Law Number 28 of 1999 concerning State Administrators who are Clean and Free from Corruption, Collusion and Nepotism (Law 28/1999), namely in article 20 paragraph (2) and article 22, they have different meanings. Article 20 paragraph (2) states that “every State administrator who violates the provisions as referred to in article 5 numbers 4 or 7 shall be subject to criminal sanctions and or civil sanctions in accordance with the provisions of the prevailing laws and regulations”. Article 5 number 4 is not committing acts of corruption, collusion and nepotism, criminal sanctions and or civil sanctions are imposed. This raises an unclear interpretation, is the act referred to in article 5 number 4 criminal or civil? But in the provisions of article 22 it is written, “every State administrator who commits nepotism as referred to in article 5 number 4 shall be punished with imprisonment for a minimum of two years and a maximum of 12 years and a fine of at least Rp. 200,000,000,- (two hundred million rupiah) and a maximum of Rp. 1,000,000,000,- (one billion rupiah). So it is appropriate that the provisions in Law 28/1999 be canceled because they are contrary to the basic principles in criminal law, namely the provisions of the law must be clear in order to provide certainty in law orlex certa. These provisions must be clear, whether they are classified as unlawful acts in the civil law regime (onrechtmatige daad) or maladministration in the administrative law regime, or crimes in the criminal law regime. If this is not clearly regulated, then the provisions in the article in Law 28/1999 must be canceled. Considering that one of the things that needs to be considered in the formation of a law is semantic clarity which can be interpreted as the provisions of the law must not provide many meanings, and the provisions of the law must provide certainty in written law so that it is in line as written in the introduction above.