Maryanto Maryanto
Universitas Islam Sultan Agung (UNISSULA) Semarang

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Relevance of Justice Value to Legal Protection for Goods and Service Providers in Corruption Criminal Cases Maryanto Maryanto
Jurnal Akta Vol 8, No 3 (2021): September 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i3.17817

Abstract

The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.
Legal Power and Government Authority in the Implementation of Land Acquisition for Public Interest Rezky Della Putri Waluyo; Amin Purnawan; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (804.964 KB) | DOI: 10.30659/sanlar.3.1.56-68

Abstract

This study aims to analyze the legal strength and authority of local governments in the implementation of land acquisition for the public interest based on statutory regulations, to explain the constraints and solutions for implementing land acquisition for the public interest in Banyumas Regency. The approach method in this research is juridical empirical. The research specification used is descriptive analytical. Sources of data used in this study consist of primary data and secondary data which can be distinguished into primary legal materials, secondary legal materials, and tertiary legal materials. Collecting data in this study using literature study and interviews. The data analysis technique used is that the analyzed data will be presented in the form of qualitative data analysis. Based on this research, it can be concluded that the regulation of regional government authority in terms of land acquisition for the public interest is based on the provisions of Article 47 Paragraph (1) Presidential Regulation Number 148 of 2015 concerning Implementation of Land Acquisition for Development for Public Interest, the Governor with the authority he has can conduct land for public use. The governor in this case can carry out his own authority in the preparation of land acquisition or delegate it to the Regent and in the implementation of the authority of the regional government in land acquisition for public interest in Banyumas Regency, it is in accordance with Act No 2 of 2012 concerning Land Acquisition for Development for Public Interest, namely from the planning stage, the preparation stage, and implementation.