scholarly journals Legal Assistance of Government Law Office in the Procurement of Goods and Services

2021 ◽  
Vol 3 (3) ◽  
pp. 339-352
Author(s):  
Susilo Susilo ◽  
Muhamad Adji Rahardian Utama ◽  
Anita Carolina Rajagukguk
Keyword(s):  
Local Governments ◽  
Service Providers ◽  
Attorney General ◽  
Legal Service ◽  
Legal Assistance ◽  
Goods And Services ◽  
State Administration ◽  
The Republic ◽  
Service Procurement ◽  
Legal Opinion

Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.          

scholarly journals WORKSHOP PENYUSUNAN REGULASI PEMBENTUKAN ULP DAN REGULASI PEDOMAN PELAKSANAAN PENGADAAN BARANG/JASA

2018 ◽  
Vol 1 (1) ◽  
pp. 5-9
Author(s):  
Meinarni Asnawi
Keyword(s):  
Community Engagement ◽  
Service Providers ◽  
Monitoring And Evaluation ◽  
Work Process ◽  
Service Unit ◽  
Goods And Services ◽  
Implementation Guidelines ◽  
Service Procurement

This community engagement activity is concerning workshop on the preparation of regulations for the establishment of procurement service units and regulations on the implementation guidelines for the procurement of goods/services in Papua Province. The regulatory workshop is expected to facilitate and smooth the work process of procurement service unit and other related parties as the provider of goods and service providers both in the process of accountability and monitoring and evaluation of goods and services provider activities. The participants of this activity are around 85 people. Then, the result of this activity is expected in preparing regent regulation concerning establishment of service/procurement service unit from each regency and follow-up in the form of socialization in each regency in Papua Province.

scholarly journals KEDUDUKAN TIM PENGAWAL DAN PENGAMANAN PEMERINTAHAN DAN PEMBANGUNAN DAERAH (TP4D) DALAM RANGKA UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI

2019 ◽  
Vol 3 (1) ◽  
pp. 36-52
Author(s):  
Muhammad Junaidi ◽  
Marhin Marthin
Keyword(s):  
Organizational Structure ◽  
Attorney General ◽  
Development Project ◽  
Absorption Capacity ◽  
State Administration ◽  
The Republic ◽  
The Government ◽  
Laws And Regulations

ABSTRAK Penelitian ini dilatarbelakangi oleh Kejaksaan Republik Indonesia yang telah membentuk struktur organisasi baru yaitu Tim Pengawal dan Pengamanan Pemerintahan dan Pembangunan atau dikenal dengan nama (TP4). TP4 ini berlokasi di pusat (Kejaksaan Agung) dan ditiap-tiap daerah ( Kejaksaan Tinggi dan Kejaksaan Negeri). Kelahiran TP4 mulanya untuk meningkatkan peran Kejaksaan dibidang perdata dan tata usaha negara (DATUN) tetapi pada akhirnya berada di bidang Intelijen. Selain itu, pembentukan TP4 merupakan salah satu respon Kejaksaan adanya Instruksi Presiden No. 7 Tahun 2015 Tentang Aksi Pencegahan dan Pemberantasan Korupsi tahun 2015. Pembentukan tim TP4 bertujuan untuk mengawal dan mengawasi pembangunan di daerah serta mendukung keberhasilan pemerintahan dan pembangunan melalui upaya upaya pencegahan secara preventif dan persuasif. Kejaksaan sesuai ketentuan Undang-undang Nomor 16 Tahun 2004 tentang Kejaksaan memiliki wewenang untuk melakukan penuntutan dan juga dapat bertugas sebagai penyidik untuk perkara tertentu sesuai dengan peraturan perundangan. Dalam penanganan perkara terdakwa tindak pidana korupsi, kejaksaan memiliki wewenang untuk melakukan penyidikan. Dalam pelaksanaannya tim TP4D banyak kemungkinan akan dihadapkan situasi rawan Penyimpangan- penyimpangan dan indikasi terjadinya tindak pidana korupsi terhadap proyek Pembagunan yang sedang dikawal, untuk menghindari hal tersebut sehingga Tim TP4D diharapkan mampu bekerja secara profesional. Selain itu, pembentukan TP4D, juga diharapkan dapat memaksimalkan daya serap anggaran Pembangunan kurang dikarenakan Pemerintah ketakutan untuk melaksanakan pembangunan, sehingga dengan adanya Tim TP4D pemerintah tidak ragu untuk melaksanakan pembangunan.    Kata Kunci: TP4D, Pembangunan dan Tindak Pidana Korupsi   AbstractThis research was motivated by the Attorney General of the Republic of Indonesia which has formed a new organizational structure, namely Tim Pengawal dan Pengamanan Pemerintahan dan Pembangunan, also known as (TP4). These TP4s are located in the center (Attorney General's Office) and in each region (High Prosecutor's Office and Public Prosecutor's Office). The birth of TP4 was originally to increase the role of the Prosecutor in the civil and state administration (DATUN) but ultimately was in the field of Intelligence. In addition, the formation of TP4 was one of the attorneys' responses to the Presidential Instruction No. 7 of 2015 concerning the Action on the Prevention and Eradication of Corruption in 2015. The formation of the TP4 team aims to guard and supervise development in the region and support the success of government and development through preventive and persuasive prevention efforts. Prosecutors in accordance with the provisions of Law Number 16 of 2004 concerning the Prosecutor's Office have the authority to prosecute and can also serve as investigators for certain cases in accordance with laws and regulations. In handling cases of accused of corruption, the prosecutor's office has the authority to carry out investigations. In its implementation, the TP4D team is likely to be faced with situations prone to irregularities and indications of corruption in the development project being escorted, to avoid this so that the TP4D Team is expected to be able to work professionally. In addition, the formation of TP4D was also expected to maximize the absorption capacity of the development budget due to the Government's fear of implementing development, so that with the presence of the TP4D Team the government did not hesitate to carry out development.Keywords: TP4D, Development and Corruption Crime

scholarly journals The Audit Board of Republic of Indonesia Opinion and Bribery in Local Governments in Indonesia

2019 ◽  
Vol 5 (2) ◽  
pp. 125
Author(s):  
Yuniasih Dwi Astuti ◽  
Vid Adrison
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Capital Expenditure ◽  
Financial Statements ◽  
Financial Statement ◽  
Panel Regression ◽  
Estimation Result ◽  
Goods And Services ◽  
The Republic

This study is motivated by the trend of corruption cases which increase from year to year, where bribery is the first number in corruption cases. As many as 128 cases of bribery with in kracht status occurred in the local government that received an unqualified opinion from the Audit Board of the Republic of Indonesia (BPK RI). Using the Zero Inflated Poisson (ZIP) Panel Regression, this study examines the correlation between financial statement opinion and the number of bribery corruption cases based on 258 bribery cases that have been handled by the Corruption Eradication Commission (KPK) in the period 2008-2017. The estimation result shows that there was no correlation between financial statement opinion and the number of bribery cases. However, the increase in the amount of capital expenditure also goods and services expenditure is related to the increase in the number of bribery cases. This study recommends BPK to consider improving the quality of fraud detection through audit procedures on financial statements, especially in regions that have a relatively high value of capital expenditure and service goods expenditure. 

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

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 605
Author(s):  
Fahmi Fahmi ◽  
Moch Zaidun ◽  
Bambang Suheryadi
Keyword(s):  
Attorney General ◽  
Preventive Strategy ◽  
Power Of Attorney ◽  
General Law ◽  
Product Service ◽  
State Administration ◽  
Special Power ◽  
The One ◽  
Service Procurement ◽  
Textual Meaning

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.

scholarly journals Addressing Access to Justice Through New Legal Service Providers

2016 ◽  
Vol 3 (3) ◽  
pp. 549-579
Author(s):  
Alice Woolley ◽  
Trevor Farrow
Keyword(s):  
Low Income ◽  
Service Providers ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Systems ◽  
Legal Aid ◽  
Legal Processes

Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. Evidence shows growing numbers of self-represented litigants, inadequate support for legal aid, far more reported legal issues than there is access to affordable legal assistance, and costly legal services and legal processes out of reach of most middle- and low-income citizens. Bridging this “justice gap” has become the focus of modern access to justice reform efforts.

THEORETICAL AND LEGAL ISSUES OF PROVIDING LEGAL ASSISTANCE BY ADVOCATES TO ENTREPRENEURSHIP ENTITIES

2021 ◽  
Vol 6 (7) ◽  
pp. 77-86
Author(s):  
Dilshodbek Nurumov ◽  
Keyword(s):  
Legal Issues ◽  
Legal Services ◽  
Legal Service ◽  
Legal Assistance ◽  
The Republic ◽  
Business Entities ◽  
Scientific Doctrine ◽  
Theoretical Issues

This article discusses some scientific and theoretical issues of providing legal assistance to business entities by lawyers of the Republic of Uzbekistan. The author analyzes the views of nationaland foreign researchers and scientists regardinglegal aid, legal service and other legal categories and enters into scientific polemics with them. In particular, the author notes that today the providing legal assistance of business entities is becoming one of the main areas of advocacy, in this regard, the problems existing in the scientific doctrine are considered in detail. The author analyzes the general and distinctive aspects of the activities of lawyers and legal services in providing legal assistance to business entities and makes scientific andtheoretical conclusions

scholarly journals SECURITY OF NATIONAL VITAL OBJECTS AND CERTAIN OBJECTIVES AGAINST THE FILLING OF ATMs BY THE POLICE IN PT. NAWAKARA ARTA KENCANA

2020 ◽  
Vol 8 (1) ◽  
pp. 82
Author(s):  
Yudi Satrio Wibowo ◽  
Abdul Kadir
Keyword(s):  
Primary Data ◽  
Legal Service ◽  
Legal Assistance ◽  
Cooperation Agreement ◽  
The Republic ◽  
Descriptive Qualitative

The guarding of vital national objects and other objects towards the filling of ATM by the police at PT. Nawakara Arta Kencana is the title used by the writer. The main problem of this research is how the guarding mechanism of ATM money filing by the police and how the protection law of the guarding agent. This research used the Normative Empiris type, and the method of this research was descriptive qualitative. The source of primary data taken from an interview with the police and staff of PT. Nawakara Arta Kencana and from applicable laws. The result of this research showed that the guarding mechanism of ATM money filling belongs to PT. Nawakara Arta Kencana by the police was a request for guarding assistance in the form of cooperation agreement based on Regulation of the Chief of Police of the Republic of Indonesia number 13 of 2017 about defending service of vital objects and particular objects. The use of power in the implementation of policy actions according to the procedure of getting the protection and legal assistance based on Regulation of the Chief of Police of the Republic of Indonesia number 13 of 2017about the system for providing legal service by Kepolisian Negara Republik Indonesia.Keywords: Guarding, Vital Objects, and ATM fillingKeywords: Guarding, Vital Objects, and ATM filling

The Request for Mutual Assistance and the European Investigation Order – Is the Modern Legal Assistance Instrument Better than its Predecessor

2020 ◽  
Vol 26 (2) ◽  
pp. 211-216
Author(s):  
Georgia Papucharova
Keyword(s):  
European Convention ◽  
Legal Assistance ◽  
Judicial Cooperation ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Goods And Services ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
International Response ◽  
Criminal Matters

AbstractEuropean evidence law is a quite sensitive topic and has always been the cause of much debate by practitioners and academics. Theoretical and physical borders do not matter for transnational crime. The intensive mobility of people and the evolution of world trade with goods and services create favorable conditions for the cross-border crime to develop. Therefore, it is of a great importance to take far-reaching steps to an upgraded mechanism for obtaining evidence in and from the Member States. This article examines the application of two mutual legal assistance instruments – the request for mutual assistance, which was established by the European Convention on Mutual Assistance in Criminal Matters of 1959, the EU Mutual Legal Assistance Convention of2000 with its 2001 Protocol, and Arts. 48 to 53 of the Schengen Agreement, and the European Investigation Order introduced by the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. The main objective of this research is to emphasize the advantages and disadvantages of both judicial cooperation mechanisms. A comparative analysis of both operational tools is an appropriate way to assess which one is related to more procedural savings and how both of them deal with the protection of human rights. Thus, the modern instruments for judicial cooperation in the area of transnational evidence-gathering as an international response to crimes with cross-border dimensions can be adequately valued.

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