The Risks of Corruption in Government Procurement

Oct 13, 2025 by windailys.com 117 views

The Significance of Government Procurement in Indonesia's Economy and Development

Pengadaan barang dan jasa pemerintah memiliki dampak yang signifikan terhadap perekonomian dan pembangunan nasional. The procurement of government goods and services has a significant impact on the national economy and development. It is a crucial aspect of the government's efforts to provide essential services and infrastructure to its citizens. However, the success of this process also creates opportunities for corrupt practices that can result in state losses. Dalam hal ini, Pejabat Pembuat Komitmen (PPK) berperan sebagai pelaksana anggaran dan salah satu pihak utama dalam proses pengadaan. In this context, the Commitment Making Official (PPK) plays a crucial role as the executor of the budget and one of the main parties in the procurement process.

The Risks of Corruption in Government Procurement

From a legal perspective, the risks faced in the procurement of government goods and services are divided into three legal systems, namely administrative law, civil law, and criminal law. The lack of understanding of law enforcement officials regarding the characteristics of each legal system can result in a mistake in the application of law. Terutama, dalam konteks penerapan hukum pidana yang berkaitan dengan tindak pidana korupsi yang terjadi akibat kerugian keuangan negara. Especially, in the context of the application of criminal law related to corruption crimes that occur due to state financial losses. Hal ini dapat menyebabkan PPK dijadikan sebagai saksi, bahkan ditetapkan sebagai tersangka. This can result in the PPK being made a witness, even being declared a suspect.

The Impact of Apathy Attitudes on PPK

This condition creates an apathetic attitude among the perpetrators of procurement. Many PPKs are reluctant to be raised in that position, afraid of legal consequences that might befall them. Therefore, this challenge needs to be overcome through better education and understanding of the responsibilities and legal protection available to them. The lack of awareness and understanding of the legal framework can lead to a lack of confidence among PPKs, resulting in a reluctance to take on the role.

Criminal Liability of PPK

Accountability in the procurement of government goods and services can be divided into two forms, namely the responsibility of the position and criminal responsibility. Criminal liability parameters consist of elements of acts against the law (wederrechtelijk) and abuse of authority. If the element of error, both intentional (dolus) and negligence (culpa) is fulfilled, then the actions taken by PPK can be considered to meet indications of corruption as regulated in Articles 2 and 3 of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal liability of PPK is based on the elements of acts against the law and abuse of authority, which can result in corruption as regulated in the law.

Legal Protection for PPK

Legal protection for PPK who experience state financial losses in the procurement process is very important. This includes an understanding of their rights and obligations, as well as guarantees that they will not be criminalized without clear evidence. A fair supervision and law enforcement system must exist to protect PPK operating in the corridor of law and ethics. The legal protection for PPK is crucial in ensuring that they are not unfairly targeted or criminalized without sufficient evidence.

Conclusion

Ensuring the success of the procurement of government goods and services not only depends on efficiency and effectiveness, but also on adequate legal protection for PPK. Hal ini penting untuk mencegah kerugian negara dan mendorong transparansi serta akuntabilitas dalam setiap langkah pengadaan. Thus, a better understanding of legal aspects, criminal responsibilities, and legal protection for PPK must be the focus in reforming government procurement in Indonesia. The success of government procurement depends not only on efficiency and effectiveness but also on adequate legal protection for PPK, which is essential in preventing state losses and promoting transparency and accountability in every step of the procurement process.

Recommendations for Reforming Government Procurement in Indonesia

Based on the analysis of the criminal responsibility of PPK and the importance of legal protection, the following recommendations are made for reforming government procurement in Indonesia:

Improving Education and Training for PPK: Providing better education and training for PPK on their responsibilities, legal framework, and criminal liability can help to build their confidence and ensure that they are aware of their obligations.
Strengthening Legal Protection for PPK: Ensuring that PPK have adequate legal protection, including guarantees against unfair targeting or criminalization without clear evidence, can help to prevent corruption and promote transparency and accountability.
Implementing a Fair Supervision and Law Enforcement System: Establishing a fair supervision and law enforcement system can help to protect PPK operating in the corridor of law and ethics.
Promoting Transparency and Accountability: Ensuring that every step of the procurement process is transparent and accountable can help to prevent corruption and promote good governance.

By implementing these recommendations, Indonesia can reform its government procurement system and ensure that it is efficient, effective, and transparent, while also providing adequate legal protection for PPK.

Q1: What is the role of the Commitment Making Official (PPK) in the procurement of government goods and services?

A1: The Commitment Making Official (PPK) plays a crucial role as the executor of the budget and one of the main parties in the procurement process. They are responsible for ensuring that every rupiah issued by the government is used to get the right goods and services, or known as "Value for Money".

Q2: What are the risks of corruption in government procurement?

A2: The risks of corruption in government procurement include the lack of understanding of law enforcement officials regarding the characteristics of each legal system, which can result in a mistake in the application of law. This can lead to the PPK being made a witness, even being declared a suspect.

Q3: What is the impact of apathy attitudes on PPK?

A3: The condition creates an apathetic attitude among the perpetrators of procurement. Many PPKs are reluctant to be raised in that position, afraid of legal consequences that might befall them. Therefore, this challenge needs to be overcome through better education and understanding of the responsibilities and legal protection available to them.

Q4: What are the elements of criminal liability of PPK?

A4: The criminal liability parameters consist of elements of acts against the law (wederrechtelijk) and abuse of authority. If the element of error, both intentional (dolus) and negligence (culpa) is fulfilled, then the actions taken by PPK can be considered to meet indications of corruption as regulated in Articles 2 and 3 of Law Number 20 of 2001 concerning Eradication of Corruption Crimes.

Q5: What is the importance of legal protection for PPK?

A5: Legal protection for PPK who experience state financial losses in the procurement process is very important. This includes an understanding of their rights and obligations, as well as guarantees that they will not be criminalized without clear evidence. A fair supervision and law enforcement system must exist to protect PPK operating in the corridor of law and ethics.

Q6: What are the recommendations for reforming government procurement in Indonesia?

A6: Based on the analysis of the criminal responsibility of PPK and the importance of legal protection, the following recommendations are made for reforming government procurement in Indonesia:

Improving Education and Training for PPK: Providing better education and training for PPK on their responsibilities, legal framework, and criminal liability can help to build their confidence and ensure that they are aware of their obligations.
Strengthening Legal Protection for PPK: Ensuring that PPK have adequate legal protection, including guarantees against unfair targeting or criminalization without clear evidence, can help to prevent corruption and promote transparency and accountability.
Implementing a Fair Supervision and Law Enforcement System: Establishing a fair supervision and law enforcement system can help to protect PPK operating in the corridor of law and ethics.
Promoting Transparency and Accountability: Ensuring that every step of the procurement process is transparent and accountable can help to prevent corruption and promote good governance.

Q7: How can Indonesia reform its government procurement system to ensure that it is efficient, effective, and transparent?

A7: Indonesia can reform its government procurement system by implementing the recommendations mentioned above, including improving education and training for PPK, strengthening legal protection for PPK, implementing a fair supervision and law enforcement system, and promoting transparency and accountability.

Q8: What are the benefits of reforming government procurement in Indonesia?

A8: The benefits of reforming government procurement in Indonesia include preventing corruption, promoting transparency and accountability, and ensuring that every rupiah issued by the government is used to get the right goods and services. This can help to improve the efficiency and effectiveness of government procurement, and promote good governance.