PERLINDUNGAN HUKUM TERHADAP PEJABAT PEMBUAT KOMITMEN ( PPK ) DALAM KONTRAK PENGADAAN BARANG/JASA PEMERINTAH

Abstract

Commitment Making Official or Pejabat Pembuat Komitmen,hereinafter referred to as PPK, is an official who is given the authority by the Budget User or Pengguna Anggaran / Proxy of Budget or Kuasa Pengguna Anggaran to make decisions and / or take actions that may result in spending the state budget / regional expenditure budget. This research is motivated by the many PPKs that are entangled in legal problems, so the aim of the research is to find out the forms of legal protection against PPK in the Government Goods / Services Procurement Contracts and the factors that result in the civil servants unwilling to serve as PPK.This type of research is normative legal research. The data obtained are in the form of legal opinions / doctrines / theories obtained from legal literature, research results, scientific articles and websites related to research. Furthermore, the data were analyzed descriptively qualitatively to describe the conditions as they are without manipulation of the variables studied. The results showed that the forms of legal protection against PPK were in the form of preventive and repressive legal protection tools. Preventive legal protection can be carried out at the stage of the decision or policy making process, where the decision is not yet definitive or the decision is definitive but there is no dispute aimed at preventing future contract disputes. All potential disputes are risk mitigated and will be handled out of court. Repressive legal protection aims to resolve contract disputes. Legal services to PPK in solving legal problems are provided from the investigation process to the court decision stage in the form of legal assistance by prosecutors, Central / Regional Government Legal Bureaus, Legal Consultants / Advocates to become legal attorneys. The results of further research indicated that the intervention from internal parties, namely direct supervisors of PPK and external parties, namely law enforcement officials, government officials, non-governmentalorganizations / NGOs and others resulted in PPK not being independent in carrying out its main duties and functions, besides that there was a fear of being affected. Criminal risk and a heavy workload are factors that discourage civil servants from serving as PPK. For  this reason, the authors suggest that the Government Goods / Services Procurement Policy Agency re-proposes the Goods / Services Procurement Bill to the House of Representatives in order to encourage public participation and transparency in the procurement of government goods /services.