The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia

The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to a...

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Main Authors: Fahmi Fahmi, Moch Zaidun, Bambang Suheryadi
Format: Article
Language:English
Published: Universitas Airlangga 2021-09-01
Series:Yuridika
Subjects:
Online Access:https://e-journal.unair.ac.id/YDK/article/view/27796
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author Fahmi Fahmi
Moch Zaidun
Bambang Suheryadi
author_facet Fahmi Fahmi
Moch Zaidun
Bambang Suheryadi
author_sort Fahmi Fahmi
collection DOAJ
description The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.
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spelling doaj.art-95902175c00b4f8f8a5e0694fb8fc2762024-02-02T09:15:25ZengUniversitas AirlanggaYuridika0215-840X2528-31032021-09-0136360563810.20473/ydk.v36i3.2779613764The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In IndonesiaFahmi Fahmi0Moch Zaidun1Bambang Suheryadi2Universitas AirlanggaUniversitas AirlanggaUniversitas AirlanggaThe basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.https://e-journal.unair.ac.id/YDK/article/view/27796the special power, state attorney, related crime
spellingShingle Fahmi Fahmi
Moch Zaidun
Bambang Suheryadi
The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
Yuridika
the special power, state attorney, related crime
title The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
title_full The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
title_fullStr The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
title_full_unstemmed The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
title_short The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia
title_sort special power concept of state attorney general in preventing the governmental product service procurement related crime in indonesia
topic the special power, state attorney, related crime
url https://e-journal.unair.ac.id/YDK/article/view/27796
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