Karya Ilmiah
DISERTASI (204) - Tindak Pidana Dalam Pengadaan Barang dan Jasa Pemerintah
This dissertation research discusses "Criminal Acts in the Procurement of
Government Goods / Services" with legal issues, the philosophical basis of the use
of criminal law in the procurement of government goods/services, the
characteristics of criminal acts in the procurement of government goods/ services
and judge arguments of court ruling on the crime of procurement of
goods/Government services. The benefit of this research is to find the basic
philosophy of the use of criminal law in the procurement of government goods /
services, to find out the characteristics of the crime of procurement of government
goods / services and to see the basis of judges' consideration in the decision of the
procurement of government goods/services. Furthermore, the practical benefit of
the research is the effort to develop the science of law, especially the criminal law
related to the procurement of government goods/ services and in practical terms
expected to benefit government officials, law enforcement officers and legal
practitioners as well as the procurement of goods / services government.
To answer the legal issues, this research uses statutory approach, conceptual
approach and case approach. Statute Approach of legislation is to review norms
in the procurement of goods / services government which is used as a reason to
determine the element of nature against the law of criminal acts and associated
with other legislation. Conceptual approach conducted to examine concept of
unlawful nature in Criminal Law, concept of criminal responsibility and concept
of misuse of authority and responsibility in Administration Law. Criminal acts in
the procurement of goods / services include general criminal acts as referred to in
the Criminal Code, criminal acts as referred to in the Law of Information and
Electronic Transactions and Corruption. To determine the element of unlawful
nature of criminal acts in the criminal act of corruption related to the
procurement of goods / services government To determine the element of
unlawfulness in the crime of corruption in the procurement of goods / services the
government is not enough to find any violation of the Presidential Regulation, The
penalty must be an administrative action and the personal purpose of the officials
who manage the procurement of government goods /services.
Keywords: Criminal offence, government procurement of good and services
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