Claim Missing Document
Check
Articles

Found 12 Documents
Search

Juridical Analysis of Abuse of Authority by Project Officials in the Perspective of Criminal Law Faal Murreyza D; Sami’an Sami’an; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1013

Abstract

Abuse of authority by project officials in construction works constitutes one of the primary patterns of corruption in public funds management. In practice, numerous cases demonstrate that budget users, delegated budget users, and commitment-making officials bear responsibility not only for tender decisions but also for controlling contract implementation, quality supervision, contract amendments, and payment approvals—creating opportunities for irregularities that result in state financial losses. This study analyzes the juridical construction of abuse of authority by project officials (Penyalahgunaan Wewenang oleh Pejabat Proyek) from the perspective of criminal corruption law, particularly Article 3 of Law No. 31 of 1999 as amended by Law No. 20 of 2001, in relation to the administrative framework under Law No. 30 of 2014 on Government Administration. Employing a normative juridical method with statutory, conceptual, and case approaches, it focuses on the Hambalang National Sport Training Center, e-KTP, and Banggai Laut Stadium projects. Findings reveal that (1) such abuse qualifies as corruption when involving deviation from authority's purpose, mens rea for undue benefit, and proven state losses; (2) boundaries between administrative misconduct and criminal corruption lack clear parameters; and (3) enforcement remains reactive, neglecting systemic governance improvements. Recommendations include clearer guidelines distinguishing errors from abuse, stronger oversight, and reforms to prevent corruption while protecting good-faith officials.
Strengthening The Role and Legal Protection of Commitment Making Officials in Government Goods/Services Procurement Yana Astuti; Samian Samian; Sarwono Hardjomuljadi
Interdisciplinary Social Studies Vol. 5 No. 1 (2025): Regular Issue: October-December 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v5i1.1021

Abstract

Commitment Making Officials (PPK) play a crucial role in the entire cycle of Government Procurement of Goods/Services (PBJP) in Indonesia, starting from planning, contract binding, to handing over work results. This strategic position, which is always related to decision-making with implications for state budget spending, makes the PPK very vulnerable to legal risks, both in the form of contract disputes, maladministration, and alleged corruption. This research aims to analyze the authority and responsibilities of the PPK in the PBJP and formulate a strategy for optimizing governance and legal protection for the PPK to prevent irregularities and minimize potential state losses. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that optimizing the role of PPK requires: strengthening managerial and legal competence; structuring of work mechanisms that are more accountable and transparent; and the formation of a professional support team (legal, technical, and financial) as an instrument to mitigate legal and financial risks for the PPK in the implementation of the PBJP contract.