PENEGAKAN HUKUM PIDANA TERHADAP PRAKTIK PERSEKONGKOLAN TENDER DALAM PENGADAAN BARANG/JASA PEMERINTAH DI BIDANG KESEHATAN (STUDI KASUS PUTUSAN NO. 8/PID.SUS-TPK/2018/PN. TPG)
In the latest national scale, health is one of the fields that has a fairly large budget item in terms of procurement of medical devices. In the procurement of government goods and services in the health sector, there are still many practices of conspiracy to determine the winner in a tender, and no...
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2022-01-04.
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| Summary: | In the latest national scale, health is one of the fields that has a fairly large budget item in terms of procurement of medical devices. In the procurement of government goods and services in the health sector, there are still many practices of conspiracy to determine the winner in a tender, and not infrequently in its implementation it is also involved in the realm of corruption. This clearly contradicts the principles and mechanisms that have been regulated in Presidential Regulation No. 12 of 2021 concerning the Procurement of Government Goods/Services as well as the Anti-Monopoly provisions in Law No. 5 of 1999. The purpose of this paper is to examine how the Indonesian statutory provisions in enforcing criminal law related to cases of alleged tender conspiracy that occurred and steps that can be taken to optimize the role of the Business Competition Supervisory Commission (KPPU) in law enforcement in cases of alleged tender conspiracy that have criminal implications. The results of this paper explain that the KPPU is a special organ that has the task of not only creating order in business competition but also playing a role in creating and maintaining a conducive business competition climate. In relation to the current criminal law enforcement against alleged tender conspiracy, KPPU has the authority to settle cases of alleged tender conspiracy. However, in practice, the KPPU's authority is only limited to imposing administrative sanctions, and only to business actors. KPPU does not have the authority to carry out further examination of any indications of criminal acts. However, KPPU can provide recommendations to other law enforcement officers, namely the Police, the Prosecutor's Office, and the Corruption Eradication Commission (KPK) if there are indications of criminal acts in the case of tender conspiracy that is being investigated. The process of handling cases of alleged criminal acts of corruption originating from the KPPU's recommendation to APH should be prioritized. In addition, the strengthening of the KPPU's function as a business competition law enforcement agency has become unavoidable. The granting of investigative authority to the KPPU on cases indicated by corruption can be one of them |
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| Item Description: | http://repository.upnvj.ac.id/16694/1/ABSTRAK.pdf http://repository.upnvj.ac.id/16694/2/AWAL.pdf http://repository.upnvj.ac.id/16694/3/BAB%201.pdf http://repository.upnvj.ac.id/16694/4/BAB%202.pdf http://repository.upnvj.ac.id/16694/5/BAB%203.pdf http://repository.upnvj.ac.id/16694/6/BAB%204.pdf http://repository.upnvj.ac.id/16694/7/BAB%205.pdf http://repository.upnvj.ac.id/16694/8/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/16694/9/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/16694/10/LAMPIRAN.pdf http://repository.upnvj.ac.id/16694/11/HASIL%20PLAGIARISME.pdf http://repository.upnvj.ac.id/16694/12/ARTIKEL%20KI.pdf |