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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) JURNAL MULTIDISIPLIN ILMU AKADEMIK Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Perspektif Administrasi Publik dan hukum
Yulius Efendi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Journal : Perspektif Administrasi Publik dan hukum

 1 
Konsekuensi Hukum Persekongkolan Tender Terhadap Kontrak Pengadaan Barang dan Jasa Pemerintah Yulius Efendi; Teguh Wicaksono
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.70

Abstract

Competition between business actors can occur unfairly by colluding between business actors or with other parties, thus harming consumers and even state finances. With the occurrence of tender collusion, there is a conspiracy, lying behavior or an unlawful act by violating a government procurement mechanism, so that it has an impact on the government procurement contract made between business actors and the tender committee related to the validity and legal consequences of the implementation of the government procurement contract. In the provisions of the procurement of goods and services, if the parties commit a tender collusion, administrative sanctions will be imposed on the parties if proven, through civil dispute resolution. This means that the government procurement contract and services remain valid and binding on the parties, and cannot be terminated unilaterally by the organizing committee. This study uses a legal document approach. In various cases of tender collusion in the procurement of goods and services, the parties involved are processed criminally by law enforcement, but the procurement contracts for goods and services that have been made previously remain valid and are continued until completion, so it is necessary to conduct a legal analysis related to the status of the validity of the contract in tender collusion.
Pertanggungjawaban Tindak Pidana terhadap Pembunuhan Berencana : (Studi Putusan No 174/Pid.B/2023/Pn.Sit) Lailatur Rofiqoh; Yulius Efendi; Teguh Wicaksono
Perspektif Administrasi Publik dan hukum Vol. 2 No. 1 (2025): Januari : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i1.214

Abstract

The criminal act committed by the perpetrator of premeditated murder is a very heinous act, because the perpetrator has the heart to kill people for certain reasons even though he is committing an act that is against the law. Legal accountability for perpetrators of the crime of premeditated murder is in accordance with article 340 of the criminal code, namely in the form of punishment, either the death penalty or imprisonment for a maximum period of twenty years or life. The problem in this research is the regulation of premeditated murder, the factors that cause premeditated murder and criminal liability for perpetrators in the crime of premeditated murder. The theories used in this research are the theory of responsibility and the theory of judge's consideration. The research method in this writing is a normative method that collects library data, namely statutory regulations, legal books, judge's decisions, and scientific journals related to the problems discussed in this thesis. The results of the research and discussion in this research are regarding the regulation of premeditated murder, which is stated in Article 340 of the Criminal Code, criminal responsibility for perpetrators in the crime of premeditated murder by paying attention to the elements of committing an unlawful act, the ability to be responsible, the element of error, If there is no justification or excuse, it is punishable by the threat of death or life imprisonment or a maximum of twenty years and the judge's consideration of premeditated murder is that it has been legally proven as in the indictment to violate Article 340 of the Criminal Code.
Co-Authors Fathol Bari Heriyanto Heriyanto Lailatur Rofiqoh Teguh Wicaksono