PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN WEWENANG DALAM PENGADAAN BARANG DAN JASA DI KOTA JAYAPURA

Abstract

This study on legal liability regarding the abuse of authority in the procurement of goods and services in Jayapura City aims to analyze and explain the legal standing of the Commitment-Making Official (PPK) and the enforcement of the law concerning such abuse of authority. The research employs both normative-juridical and empirical-juridical approaches, as it addresses not only normative aspects but also examines how the law operates in actual social practice. The findings reveal that the legal standing of the Commitment-Making Official is that of a user of goods and services; this role can be interpreted in terms of both function and organization—specifically, the function of carrying out governmental duties and the organization of the government itself, supported by the execution of these duties. Collectively, these governmental functions comprise actions, decisions, and determinations that manifest as both legal acts and factual acts. The abuse of authority in the procurement of goods and services within government agencies constitutes a crime; consequently, criminal law enforcement serves as a component of criminal policy—part of the broader strategy for crime prevention and control. Therefore, law enforcement officials must ensure a balance between the sense of justice, utility, and legal certainty.