Karya Ilmiah
DISERTASI (250) - Tindak Pidana Korupsi Dalam Kontrak Kerja Konstruksi Antara Pemerintah Sebagai Pengguna Jasa Dengan Penyedia Jasa Pelaksana Konstruksi
Formulation of the problem or the legal issues of this research are: Civil Law
instrument in the scope of government construction work contract and
implementation of construction work which has corruption as the legal effect. The
purpose of this study are: First, to find legal arguments that civil law instruments
are more suitable to settle the dispute that gives financial loss to the state in the
implementation of the Employment Contracts Construction and second, to find a
legal argument that the implementation of Construction Work Contract will lead
into corruption. The expected benefits of this research are: giving any suggestion
in order to do reconceptualization of criminal act which can be categorized as
corruption through law and regulation, in order to prevent over-criminalization
and its legal enforcement through the judicial process, in order to avoid an
excessive thing and develop the thought in the field of the theory of criminal law
and civil law theory (contract). This study which is conducted in this research is
legal research that uses conceptual approach, legislation approach, and case
approach. Based on the anaysis, the conclusion that has been found in this
research are: a. The construction work contract under the Law Jakon, in case of
breach of contract then it should be settled in accordance with the stipulated in the
contract except in the process there is a tort. b. Corruption levied against Jakon
Act contravenes Article 14 of Corruption Act and c. Potential corruption in the
construction work contract when it is in the process of formation, implementation
and transfer of the contratc when it is in the process of formation, implementation
and transfer of the contract occurred bribes, gratuities, mark up and falsification of
documents.
031170130 | 250 | Ruang Disertasi | Tersedia |
Tidak tersedia versi lain