CRIMINAL LEGAL INSTRUMENTS IN THE PROCUREMENT OF GOODS/SERVICES REGARDING ACCOUNTABILITY FOR CRIMINAL ACTS OF CORRUPTION

Abstrak

The aim of the research is to examine how the legal system handles perpetrators of corruption in the process of procuring goods/services and to examine the sanctions they receive. The legal materials collected include laws, regulations, and court decisions. Analysis is carried out by listing, organizing and analyzing each relevant provision. The results show that even though the legal framework already exists, its implementation may still be a challenge: 1) Regulation of criminal liability for perpetrators of criminal acts of corruption in procurement of goods and services in statutory regulations is regulated in Law Number 20 of 2001 concerning Amendments to Law Number 31 1999 concerning the Eradication of Corruption Crimes, as formulated in Article 2 and Article 3, Article 6, 11, 12 letters a, b, c, d and Article 13, Article 8 and Article 10, Article 12 letters e, f, g, Article 7 and Article 12 letter h, Article 12 letter j, and Article 12 B and Article 12 C. Meanwhile, the accountability of perpetrators of criminal acts of corruption is regulated in Presidential Regulation Number 12 of 20021 concerning Amendments to Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services, however In its implementation, law enforcers only assess criminal acts of corruption from the elements of articles on criminal acts of corruption. 2) Mistakes and Criminal Sanctions for Perpetrators of the Crime of Corruption in Procurement of Goods and Services as a Basis for Criminal Accountability, apart from considering the elements of the article on the criminal act of corruption charged by the Public Prosecutor and the facts in the trial, the Panel of Judges also considers the reasons for justification and forgiveness, especially Article 51 paragraph (1) and Article 44 of the Criminal Code.