Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)

State Financial Losses Due to Corruption in Goods and Service Procurement Systems by the Government

Authors
Muhamad Azhar, Ajik Sujoko, Putut Suharso
Corresponding Author
Muhamad Azhar
Available Online November 2019.
DOI
10.2991/icils-19.2019.40How to use a DOI?
Keywords
corruption, procurement of government goods/ services
Abstract

Government goods/services procurement regulations have the character of administrative law. Many court decisions related to corruption in the government goods/ service procurement sector. The government sector of goods/ services procurement cannot be linked to corruption. The purpose of this study is to examine the court decision on corruption in deciding cases of corruption in the sector of government procurement of goods/ services. Is it appropriate that the cases are positioned as ultimum remedium, not as premum remedium. This paper uses a legal research method, using a case study approach. The results of the study show that a total of 47 cases conducted by the study, there were a number of cases of goods/ services procurement which were clumsily classified by law enforcement as acts of corruption, classifying as one of state financial losses. The criteria for corruption in the procurement of government goods/ services, is not the fault of the procurement process and not the poor implementation of the contract. Corruption in the procurement of government goods/ services includes: bribery/ gratification, mark-up of market prices, fictitious, collusion with the flow of funds to unauthorized persons, fraud and forgery.

Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
November 2019
ISBN
978-94-6252-830-7
ISSN
2352-5398
DOI
10.2991/icils-19.2019.40How to use a DOI?
Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Muhamad Azhar
AU  - Ajik Sujoko
AU  - Putut Suharso
PY  - 2019/11
DA  - 2019/11
TI  - State Financial Losses Due to Corruption in Goods and Service Procurement Systems by the Government
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 232
EP  - 236
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.40
DO  - 10.2991/icils-19.2019.40
ID  - Azhar2019/11
ER  -