The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia

Yuridika 36 (3):605-638 (2021)
  Copy   BIBTEX

Abstract

The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,779

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Bioethics, the law and the care of those in need.Robert Clark - 2013 - Chisholm Health Ethics Bulletin 18 (3):1.
Overcoming the Balkanization of State Advance Directive Laws.Charles P. Sabatino - 2018 - Journal of Law, Medicine and Ethics 46 (4):978-987.
İsl'm Hukukunda Bir Tasarrufta Birden Çok Vekil Tayini ve Sonuçları.Mustafa Ki̇sbet - 2021 - Tasavvur - Tekirdag Theology Journal 7 (1):727-750.

Analytics

Added to PP
2024-02-04

Downloads
2 (#1,822,311)

6 months
2 (#1,445,278)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references