{"title":"预算使用者和代理预算使用者对政府产品/服务采购中出现国家损失的责任","authors":"Rustanto","doi":"10.20473/ydk.v37i3.41280","DOIUrl":null,"url":null,"abstract":"Many criminal acts of corruption originate from the procurement of goods/services which turns out to not make the application of the article on corruption crimes to matters relating to state losses or the application of corruption crimes to KPA and PA actions important to get attention, because many parties are certainly familiar with the character of law enforcement for criminal acts of corruption, which are always linked with administrative errors. Based on this background, this research raises the title: \"Criminal legal responsibility for budget users and budget users authority in the procurement of government goods/services for the occurrence of state losses.” The purpose of this study is to analyze and find the ratio of the legal liability of PA and KPA in the procurement of government goods/services for the occurrence of state losses and legal consequences for the implementation of PA and KPA duties that cause state losses in the procurement of government goods/services. The research method used is legal research (doctrinal research) and the approach used is the statutory approach, case study, conceptual approach, and comparative approach. The results of this study, namely the Legis Ratio of accountability for PA and KPA for the occurrence of state losses, is because PA and KPA are state officials who have special authority which in fact is not owned by everyone, even public officials, so that, according to the legal principle of deen bevoegdheid zonder verantwoordenlijkheid (there is no authority without accountability), it is logical that, when exercising this authority, when the PA and KPA make a mistake, there are juridical consequences, but the mistakes made by the PA and KPA cannot be generalized immediately. The mistakes made by the PA and KPA must be analyzed, to find out the qualifications for the responsibilities of the PA and KPA, whether administrative, criminal, and/or civil liability. This, when associated with the ten-to-one rule principle, should not allow the PA and KPA to be held accountable for more than the mistakes made.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Accountability of Budget Users and Proxy Budget users on the Emergence of State Losses in the Procurement of Government Goods/Services\",\"authors\":\"Rustanto\",\"doi\":\"10.20473/ydk.v37i3.41280\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Many criminal acts of corruption originate from the procurement of goods/services which turns out to not make the application of the article on corruption crimes to matters relating to state losses or the application of corruption crimes to KPA and PA actions important to get attention, because many parties are certainly familiar with the character of law enforcement for criminal acts of corruption, which are always linked with administrative errors. Based on this background, this research raises the title: \\\"Criminal legal responsibility for budget users and budget users authority in the procurement of government goods/services for the occurrence of state losses.” The purpose of this study is to analyze and find the ratio of the legal liability of PA and KPA in the procurement of government goods/services for the occurrence of state losses and legal consequences for the implementation of PA and KPA duties that cause state losses in the procurement of government goods/services. The research method used is legal research (doctrinal research) and the approach used is the statutory approach, case study, conceptual approach, and comparative approach. The results of this study, namely the Legis Ratio of accountability for PA and KPA for the occurrence of state losses, is because PA and KPA are state officials who have special authority which in fact is not owned by everyone, even public officials, so that, according to the legal principle of deen bevoegdheid zonder verantwoordenlijkheid (there is no authority without accountability), it is logical that, when exercising this authority, when the PA and KPA make a mistake, there are juridical consequences, but the mistakes made by the PA and KPA cannot be generalized immediately. The mistakes made by the PA and KPA must be analyzed, to find out the qualifications for the responsibilities of the PA and KPA, whether administrative, criminal, and/or civil liability. This, when associated with the ten-to-one rule principle, should not allow the PA and KPA to be held accountable for more than the mistakes made.\",\"PeriodicalId\":31372,\"journal\":{\"name\":\"Yuridika\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Yuridika\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.20473/ydk.v37i3.41280\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Yuridika","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.20473/ydk.v37i3.41280","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
许多腐败犯罪行为源于货物/服务的采购,但事实证明,将腐败犯罪条款适用于与国家损失有关的事项,或将腐败犯罪适用于人民军和巴勒斯坦权力机构的行动,都不值得注意,因为许多当事人肯定熟悉腐败犯罪行为的执法特点,而腐败犯罪行为总是与行政失误联系在一起。基于这种背景,这项研究提出了一个标题:“预算使用者的刑事法律责任和预算使用者在采购政府产品/服务时对国家损失的权力。”本研究的目的是分析和找出在采购政府商品/服务时PA和KPA对国家损失发生的法律责任的比例,以及执行PA和KP的法律后果在采购政府产品/服务过程中造成国家损失的一种职责。所使用的研究方法是法律研究(理论研究),所使用的方法是法定方法、案例研究、概念方法和比较方法。这项研究的结果,即巴勒斯坦权力机构和人民解放军对国家损失发生的责任的Legis比率,是因为巴勒斯坦权力机构是拥有特殊权力的国家官员,事实上并非所有人都拥有,甚至不是公职人员,因此,根据deen bevoegdheid zonder verantwoordenlijkheid的法律原则(没有权力不追究责任),合乎逻辑的是,在行使这一权力时,当巴勒斯坦权力机构和人民解放军犯下错误时,会产生法律后果,但巴勒斯坦权力机构的错误不能立即一概而论。必须对PA和KPA犯下的错误进行分析,以确定PA和KPA.的责任资格,无论是行政责任、刑事责任和/或民事责任。当与十比一规则原则联系在一起时,不应让巴勒斯坦权力机构和人民军对所犯的错误承担更多责任。
Accountability of Budget Users and Proxy Budget users on the Emergence of State Losses in the Procurement of Government Goods/Services
Many criminal acts of corruption originate from the procurement of goods/services which turns out to not make the application of the article on corruption crimes to matters relating to state losses or the application of corruption crimes to KPA and PA actions important to get attention, because many parties are certainly familiar with the character of law enforcement for criminal acts of corruption, which are always linked with administrative errors. Based on this background, this research raises the title: "Criminal legal responsibility for budget users and budget users authority in the procurement of government goods/services for the occurrence of state losses.” The purpose of this study is to analyze and find the ratio of the legal liability of PA and KPA in the procurement of government goods/services for the occurrence of state losses and legal consequences for the implementation of PA and KPA duties that cause state losses in the procurement of government goods/services. The research method used is legal research (doctrinal research) and the approach used is the statutory approach, case study, conceptual approach, and comparative approach. The results of this study, namely the Legis Ratio of accountability for PA and KPA for the occurrence of state losses, is because PA and KPA are state officials who have special authority which in fact is not owned by everyone, even public officials, so that, according to the legal principle of deen bevoegdheid zonder verantwoordenlijkheid (there is no authority without accountability), it is logical that, when exercising this authority, when the PA and KPA make a mistake, there are juridical consequences, but the mistakes made by the PA and KPA cannot be generalized immediately. The mistakes made by the PA and KPA must be analyzed, to find out the qualifications for the responsibilities of the PA and KPA, whether administrative, criminal, and/or civil liability. This, when associated with the ten-to-one rule principle, should not allow the PA and KPA to be held accountable for more than the mistakes made.