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All Journal Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan Riwayat: Educational Journal of History and Humanities
Aulia, Zuvika Alfi
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Consequences of Abuse of Power in the Implementation of Development Projects Aulia, Zuvika Alfi; Samian, Samian; Hardjomuljadi, Sarwono
Riwayat: Educational Journal of History and Humanities Vol 8, No 4 (2025): Oktober, Social Issues and Problems in Society
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i4.50710

Abstract

Legally, the issue of abuse of authority in development is an act that can be prosecuted under two legal frameworks, namely State Administrative Law and Criminal Law. This article analyzes the legal framework and implications of abuse of authority by government officials, with a focus on national strategic projects and the procurement of goods and services. Through normative legal research methods, this study concludes that the Government Administration Law brings a new paradigm by establishing administrative sanctions as the first resort, while criminal sanctions are placed as the last resort. Based on the lex posterior principle, the primary authority to examine the existence of abuse of authority lies with the Administrative Court. Furthermore, the findings prove that officials who unlawfully abuse their authority, causing financial losses to the state, are required to take personal responsibility for the payment of compensation. Although this legal framework aims to provide certainty and prevent the criminalization of policies, its implementation in national strategic projects has drawn criticism for potentially weakening efforts to eradicate corruption. As an implementative measure, this study recommends harmonizing perceptions, developing clear technical guidelines, and improving coordination between APIP, PTUN, and law enforcement agencies. This synergy is expected to ensure the realization of accountability.
Overlapping Authorities of the BPK and BPKP and Their Implications for Contractors Aulia, Zuvika Alfi
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 5 No. 2 (2026): In Progress
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/awtjhpsa.v5i2.3307

Abstract

The construction services sector holds a strategic position in Indonesia’s national development. Nevertheless, the practical execution of government construction projects often encounters legal issues, including ambiguous contracts, unilateral design changes without addenda, and delays in payment. In the sphere of state financial oversight, two key institutions perform crucial functions: Badan Pengawasan Keuangan dan Pembangunan (BPKP) and Badan Pemeriksa Keuangan (BPK) as the external auditor. Both bodies possess the legal authority to audit construction projects and assess potential state financial losses. However, overlapping authority in determining losses and issuing recommendations frequently occurs. This study employs normative legal and sociological approaches to analyze the respective roles and mandates of BPKP and BPK, as well as the implications of dual audit authority for contractors’ legal certainty. Data were gathered through literature review, regulatory analysis, and examination of audit findings. The results demonstrate that dual authority contributes to legal uncertainty, particularly concerning the valuation of state losses and follow-up actions arising from audit reports. Furthermore, contractors are often confronted with conflicting findings that create inefficiency, confusion, and heightened legal risk. The study suggests the need for regulatory harmonization and improved coordination mechanisms between audit institutions to enhance transparency, accountability, and legal certainty in construction project implementation.
Co-Authors Samian Sarwono Hardjomuljadi