“Evidence of Abusing Authority in Criminal Procurement Corruption of Goods and Services”

Abstract

Corruption in the procurement sector of government goods and services has increased from year to year both in terms of the number of cases and in terms of the value of the state losses incurred. Corruption in the process of procurement of goods and services generally occurs due to abuse of authority from state administrators involved in the procurement process from planning to receipt of goods and services by the Budget User (PA) or the Budget User Authority. Generally, convicted of corruption case in the procurement sector was charged using Article 3 in conjunction with Article 18 paragraph (1) letter b of Republic Indonesian Law at Number 31 of 1999 concerning Eradication of Corruption Acts as amended by the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments Republic Indonesian Law at Number 31 of 1999 concerning Eradication of Corruption. One of the elements that must be proven by the Public Prosecutor at the trial is the element of abusing authority in addition to the other elements also need to be proven, especially with regard to the element of real statelosses. With the enactment of Republic Indonesian Law at Number 30 of 2014 concerning Government Administration, there is a dishamony of legislation related to competence and procedure for proving the abusing authority.