The Legal Responsibility of Officials Making Commitments in the Procurement of Government Goods and Services After the Decision of the Constitutional Court Number 25/Puu-Xiv/2016

DOI

10.2991/978-2-38476-024-4_51How to use a DOI?

Keywords

Legal Liability; Commitment Making Officer; Government Procurement of Goods and Services; Constitutional Court

Abstract

This writing aims to examine the legal responsibility of commitment-making officials in the procurement of government goods and services after the decision of Constitutional Court Number 25/PUU-XIV/2016. Criminal acts of corruption in the procurement of goods and services have often interpreted the abuse of authority, even though the procurement of government goods and services is an administrative error. The problem of this research is the legal responsibility of officials making commitments in the procurement of government goods and services. The empirical juridical research method is used to examine a legal approach and a conceptual approach. The results of this study indicate that (1) Commitment Making Officials in the procurement of government goods and services is based on the principles of justice and the principle of balance according to the amendments to Article 2 and Article 3 of the Corruption Crime Act through the Constitutional Court Decision Number 25/2016. (2) The legal responsibility of commitment-making officials in the procurement of government goods and services after the Constitutional Court Decision Number 25/PUU-XIV/2016, if it meets the elements of error with the criminal act committed, can result in the defendant being convicted. Perpetrators of criminal acts who can be prosecuted in court and sentenced to crime must commit a crime with a fault.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - L. Sheha
PY  - 2023
DA  - 2023/04/19
TI  - The Legal Responsibility of Officials Making Commitments in the Procurement of Government Goods and Services After the Decision of the Constitutional Court Number 25/Puu-Xiv/2016
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 515
EP  - 524
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_51
DO  - 10.2991/978-2-38476-024-4_51
ID  - Sheha2023
ER  -