Analysis Of The Misapplication Of The Principle Of Lex Specialis Derogat Legi Generali In Constitutional Court Decision Number 123/Puu-Xxiii/2025 Regarding The Classification Of Corruption Offenses In The Forestry Sector

Abstract

Constitutional Court Decision Number 123/PUU-XXIII/2025, pronounced on 16 March 2026, declared Article 14 of the Anti-Corruption Law conditionally constitutional. The problem lies in the Court's reasoning, which applied the principle of lex specialis derogat legi generali by reference to the Criminal Code. This study examines the appropriateness of applying that principle, the flaws in the Court's legal reasoning and its implications for the classification of corruption offenses in the forestry sector, using a normative legal method with statutory, conceptual and case approaches. Sectoral legislation under Article 14 refers to statutes outside the Anti-Corruption Law that regulate a particular field together with its licensing regime, administrative obligations and penal provisions, such as Law Number 41 of 1999 on Forestry. The findings show that the relationship between the Anti-Corruption Law and sectoral legislation is coordinative rather than subordinative, so the conflict must be resolved by testing the elements of the offense rather than by the lex specialis principle. Sectoral legislation must prevail where the conduct only concerns licensing and administrative obligations, whereas the Anti-Corruption Law prevails only when unlawfulness or abuse of authority, real and certain state financial loss and an express corruption qualification within the sectoral statute are cumulatively fulfilled.