Suryadi, Lusi (2023) Perlindungan Hukum Terhadap Kuasa Pengguna Anggaran Selaku Pejabat Pembuat Komitmen Dalam Pelaksanaan Pengadaan Barang dan Jasa Pemerintah Di Kabupaten Rokan Hilir. Other thesis, Universitas Islam Riau.

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Abstract

Budget User Authority Officials and Commitment Making Officials have a very risky position of being criminalized or subjected to pressure from various parties in the procurement of government activities in the field of goods and services, unclear legal protection and special attention to cases that befell KPA and PPK, especially in Rokan Regency. Downstream is a frightening specter that creates doubts and fear for KPA and PPK who are appointed to carry out the procurement of government goods/services. Based on this phenomenon, firstly, this study aims to examine and analyze the ideal form of legal protection for budget user proxies as Commitment Making Officials in the Procurement of Government Goods/Services and the factors that result in State Civil Apparatuses not being willing to serve as Budget User Officials. This research is included in the normative juridical and empirical juridical research groups. The normative juridical approach is legal research that places law as a building system of norms. Empirical juridical research is research that has an object of study regarding Legal Protection for Budget User Authorities as Commitment Making Officials in the Implementation of Government Procurement of Goods and Services in Rokan Hilir Regency. Research results: First, government procurement of goods/services consists of Preventive legal protection, carried out by optimizing supervision of the implementation of government procurement of goods and services. Supervision in question is carried out internally by the Inspectorate / Internal Audit Unit for government agencies with the management of the Public Service Agency's finances and also carried out supervision by independent institutions such as the Financial and Development Supervisory Agency (BPKP) in the form of a probity audit which is carried out from planning to work handover. In addition, the form of repressive protection is carried out to resolve disputes, including handling them in the judiciary in the form of legal services from the investigation process to the court decision stage. Second, the factors that resulted in ASN not being willing to become a Budget User Proxy include intervention from internal parties, namely the direct supervisor of the Budget User Authority and external parties, namely law enforcement officials, Government Authorities, Non-Governmental Organizations/NGOs and others so that the User Proxy The budget is not independent in carrying out its main tasks and functions, apart from that there is a factor of fear of being exposed to criminal risk and a heavy workload factor because the Budget User Official is responsible for state financial expenditure.

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