Criminal Responsibility of Work Officers/ Committee for Checking the Results of Work (PjPHP/PPHP) in Criminal Action Cases of Corruption in Procurement of Government Goods/Services (Case Study of the Corruption Court Decision at the Padang District Court Number 15/Pid.Sus-TPK/2019/PN. Pdg)

Abstract

Development is one of the government's efforts to achieve people's welfare so that in order to carry out efficient, effective development, and support healthy business competition, the Government Procurement of Goods/Services is carried out on the basis of Presidential Regulation Number 54 of 2010 as amended several times recently by Presidential Regulation Number 4 of 2015 concerning Government Procurement of Goods/Services. Even though the government's procurement of goods/services has been regulated through a clear mechanism, there are still legal loopholes that are often used against the law for certain purposes as stated in Decision Number 15/Pid.Sus-TPK/2019/PN. Pdg where the Commitment Making Officer in the procurement activities for the continued development of RSUD Tapan Kab. Pesisir Selatan for Fiscal Year 2015 was found guilty of committing a Corruption Crime. In the decision, it can be seen that there was participation made by the Employment Recipient Officer but was not held accountable. To examine this problem, a normative research type is carried out based on library research through qualitative analysis of existing primary and secondary legal materials. The results of the study found that the Committee for Receiving the Results of the Work did not carry out the inspection properly in accordance with the procedure in which the inspection was only carried out by team representatives and the physical examination was only carried out visually because the Committee for the Receiving of the Results of the Work did not have expertise in the field of construction and received the results of the work even though it is not completely complete. The motive for this action is the desire of the Work Result Recipient Committee to immediately complete the work before the end of the fiscal year so that it has implications for the modus operandi of the act in the form of accepting work that is not according to specifications and has not been fully completed. For his actions, the Employment Recipients Committee fulfills the element of criminal responsibility where the form of the Employment Receiving Committee error is intentional with the possibility and can be applied to Article 2 Paragraph (1) or Article 3 of Law Number 31 of 1999 Jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. This study recommends that the role of the Committee for the Receiving of Work Results in the rules regarding the Procurement of Government Goods/Services be held again because it can create checks and balances, besides that it is hoped that Law Enforcement Officials can explore the facts in depth and thoroughly so that every party involved can be held criminally responsible which has implications for increasing the recovery rate of state financial losses.