Pemberantasan Korupsi dalam Pengadaan Barang dan Jasa melalui Instrumen Hukum Pidana dan Administrasi

Amiruddin Amiruddin
Journal article Jurnal Media Hukum • June 2012

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(Bahasa Indonesia, 13 pages)

Abstract

Corruption in the procurement of goods and services cannot be eradicated only by a single criminal law instrument.The punishment theory, which aims at making the corruptors or people who want to do corruption scared andprevent the from corruption, is not effective enough to eradicate corruption, since the corruptors are mostlyofficers and the modus operandi (method of operation) is very dynamic. Therefore, corruptions are difficult tobe detected. Thus besides employing criminal law as an instrument to eradicate corruption in the procurementof goods and services, administrative law instrument, which focuses on the control and administrative sanction,is also needed. Officers who are proven doing violation can be punished with the dismissal sanction, while thedishonest providers of goods and services can be punished by putting them in a black list or terminating theirbusiness permits. In conlusion, by combining use of criminal law and administrative law, the eradication ofcorruption in the procurement of goods and services becomes more effective.KEYWORDS: eradication of corruption, criminal law, administrative law.

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Jurnal Media Hukum

Jurnal Media Hukum is a peer-reviewed law journal published by the Faculty of Law, Universitas Mu... see more