Legal Protection of Indonesia Budget User Authority in Using the State Budget

International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue VIII, August 2020 | ISSN 2454–6186

Legal Protection of Indonesia Budget User Authority in Using the State Budget

Achmad Setyo Pudjoharsoyo

Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia

Abstract: the research stems from the recent prevalence of corruption cases in budgeting that is revealed by the Corruption Eradication Commission (KPK). Many institutions are afraid and reluctant to absorb budget, primarily in the procurement of goods and services. It makes the budget absorption lower because many budget user authorities are afraid to execute the policy. It is not surprising since the consequences of the policy are often biased and mistargeted. The related officials then are frequently dragged to a legal case and even go to jail. The research is a descriptive analysis that used a normative juridical method. The object was approached using a stature approach. The research found that searching for legal protection is searching for regularity in the basic legal values, e.g., usefulness, justice, and certainty of law. The law mission to protect human right and interest have a high authority to define human right that should be regulated and protected

Keywords: Authority, budget, budget user authorities .

I. INTRODUCTION

A recent topical social issue in society is corruption as a result of abuse of power and authority. Authority is a power had by individuals or groups to manage other individuals or groups for prevailing justice preventing violations [1]. However, more often than not, the authority is abused to benefit certain parties. Consequently, many rulers compete over that source to enrich themselves by exercising any means, including authority delegated to them by the people.
An example of abuse of authority done by public officials or institutions is the procurement of goods and services. The execution of the activity often triggers problems, despite in the planning or the program handover. The abuse of authority is a combination between the concept and norm of administrative and criminal laws, meaning that despite administrative, the rule also contains criminal sanctions. This is what is generally called administrative penal law or verwaltungs strafrecht [1].

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